×
Login Register an account
Top Submissions Explore Upgoat Search Random Subverse Random Post Colorize! Site Rules
18

My son and a friend just got pulled over for suspicious driving and they said my sons third brake light was out and he does not have insurance, and then they made them wait there 20 minutes for a drug dog to arrive, should we sue them?

submitted by Sleazy to AskUpgoat 3 weeksApr 13, 2024 21:39:32 ago (+19/-1)     (AskUpgoat)

Rodriguez v. United States

The Court held that the use of a K-9 unit after the completion of an otherwise lawful traffic stop exceeded the time reasonably required to handle the matter and therefore violated the Fourth Amendment’s prohibition against unreasonable searches and seizures. Because the mission of the stop determines its allowable duration, the authority for the stop ends when the mission has been accomplished. The Court held that a seizure unrelated to the reason for the stop is lawful only so long as it does not measurably extend the stop’s duration. Although the use of a K-9 unit may cause only a small extension of the stop, it is not fairly characterized as connected to the mission of an ordinary traffic stop and is therefore unlawful.


34 comments block


[ - ] TheOriginal1Icemonkey 15 points 3 weeksApr 13, 2024 22:24:37 ago (+15/-0)

First way to blow a case is talk about it before calling an attorney.
Shut up and call an attorney.

[ - ] Sleazy [op] 3 points 3 weeksApr 13, 2024 23:04:03 ago (+3/-0)

I dont see how it would ever come up that it was mentioned here, I am not even involved

[ - ] TheOriginal1Icemonkey 4 points 3 weeksApr 13, 2024 23:18:00 ago (+4/-0)

I know, I’m just saying.

[ - ] TheOriginal1Icemonkey 3 points 3 weeksApr 13, 2024 23:19:30 ago (+3/-0)

I know, I’m just saying.

[ - ] Crackinjokes 6 points 3 weeksApr 13, 2024 22:18:31 ago (+6/-0)

You know I've been watching a lot of the videos about this kind of thing and I'm no lawyer so take it all with a grain of salt

Number one did they state suspicion of a crime as a reason for pulling him over?

Did they state that they saw evidence that would warrant a further search by a drug dog other than the initial traffic stop which is not related to anything a drug dog would find?

Did your son clearly say I do not give permission to search and I assert my rights to not permit a warrantless search?


Did your son exert his fifth amendment right to stay silent?


Did he ask if he was being detained or arrested?

The channel deletelawz has a lot of information although that guy's pretty aggressive.

This is another lawyer who posts a lot about this kind of thing
https://youtu.be/EJUScL_fgSg

[ - ] Sleazy [op] 2 points 3 weeksApr 13, 2024 23:07:12 ago (+2/-0)

They pulled him over cause he drove through a street that was marked road closed, for construction. There was no construction taking place and their destination was just on the other side of the short half block long construction zone.

the suspicion was that my sons friend had a record of weed possession charges in the past, so the cops said that was suspicious and that they needed to get the dog

[ - ] xmasskull 3 points 3 weeksApr 14, 2024 02:29:44 ago (+3/-0)

"record of "weed charges"= Probable Cause-which opens-up a treasure trove of hoops the "cops"can & will make the sus.perp jump threw.

[ - ] Sleazy [op] 0 points 3 weeksApr 14, 2024 02:36:30 ago (+0/-0)

is having a prior record really probable cause?

[ - ] TheNoticing 4 points 3 weeksApr 14, 2024 03:20:27 ago (+4/-0)

Breathing is probable cause for them.

[ - ] Xantha 4 points 3 weeksApr 14, 2024 05:05:32 ago (+4/-0)

it absolutely is for drug offenses, once you become known for drugs, its basically open season on you-- since cops will forever see you as fair game in their minds. doesnt matter where you are or what you're doing, if they see you anywhere at any time for any reason, its time to play the game of getting fucked with by cops. cops have extremely wide discretion for searches and legally there's nothing you can do to prevent them if they want to do one-- doesn't matter how morally or technically legally correct you actually are-- unless they actually commit a crime themselves during said search and you can somehow prove it later-- the game wont stop until they decide to stop it. even not stopping completely at a stop sign for a full 4-5 seconds can become 'rolling through a stop sign-- time for a traffic stop' or the reverse 'sitting too long at a stop sign-- time for a traffic stop, guy must be impaired.. hurr', is enough, if you're on their drug offender radar.

my brother had a similar happen to him in his very early 20s, his best friend at the time was a dumb kid who had been picked up multiple times by local cops for varying degrees of drug possession. (weed, pills, etc) so his 'friend' was well-known already. so they'd pull his friends car over at random-- they knew it by sight-- to see what he had on him-- because they always seemed to find something. so one night they pulled him over again with my brother in the passenger seat and lo and behold-- weed, pills, weapons (knives/brass knuckles), and drug paraphenalia were in the car. so my brother and his friend both got arrested and jailed for drug & weapon possession and the car got towed-- and I had to go get my brothers stupid ass out of jail in the middle of the night. my brothers crime IMO, was associating with a known retard, who was never smart enough to stop drawing police attention to himself-- and the retard friend eventually got himself ~5+ years after multiple convictions in the years after. my brother ended up having to do an absurd amount of community service to get his charges dropped (since it was his first time having offenses).

my brother got pulled over a few more times by himself for a number of years after it happened. they never found anything and eventually stopped pulling him over since he stopped associating with the other guy at one point.

no one likes being fucked with by cops, but don't do the things that draw their attention or cause you to interact with them either-- it's never worth it. (theres a reason this is repeated in every thread on cops-- because its true) all it will do is create a cycle of getting fucked with by them until they finally get you on something-- or they eventually give up after a half dozen or dozen more times of not getting you on anything-- while hazing you with their full gamut of bullshit each time anyway. (I've had the displeasure-- unrelated to crime-- of interacting with a lot of cops, corrections officers, and other related badgies-- even MPs-- they all have the same shitty mindset, I've never seen any exceptions to how they think and operate-- hint: most cops are complete chodes and if you come at them like a complete chode as well, they will rapidly out chode you to flaunt their ultimate chode superiority-- because no one is more of huge chodes than they are, and they'll make sure you know it)

im going to lean in a different direction than the other posters here-- since IMO some of these other posters would provoke more confrontation with cops during a real interaction based on their replies-- even if they're morally or even legally right in their jurisdiction on some levels. my singular goal when interacting with cops, if i have to at all, is to not interact with them further--- not to be 'right' or to 'win' during my interaction-- no matter how justified I may be to do that-- unless something truly egregious occurs, like getting assaulted or some other actual real bullshit, more than just my sensitive fee fees and being butthurt about interacting with them.

but suing them is very unlikely to go anywhere-- except being time consuming and expensive for you, since judges are likely to side with the cops unless you have actual video of them doing actual irrefutable malfeasance more than a he said/she said thing-- and see your lawsuit as more of a nuisance/parental hysteria on your part, especially for a simple traffic stop on a known offender (in their minds).

if you want your son to drop off their immediate radar, have him drive a different car with his name not tied to the plates for a while and make sure he keeps his nose clean-- no stupid things whatsoever-- otherwise there will be two vehicles they pull over for quite a while. they'll eventually forget about him after not seeing him for awhile and life can go back to normal.

[ - ] JudyStroyer 3 points 3 weeksApr 14, 2024 06:22:19 ago (+3/-0)

Great post man. I as well do not bother with the “ill show you, pig” during a traffic stop for something I actually did. Like speeding or inspection sticker or something. I just want to get out of there. Im poite as all fuck. I dont want to be on any radar if i can help it. Being issued a ticket over retarded shit aint the place for me to come out of the closet as a cop hater and get marked permanently. Also, being very polite has gotten me off more than a few times. I even had a cop let me drive home when i had a license suspended for some administrative shit, not driving related, just because i was polite and forthcomng. I am convinced these cops keep a database on your interactions with them. In regards to the op tho,if no arrest was made and no property damage done, your standing in court is virtually zero. Its fucked up. But thats the reality. Make a complaint is about the best you can do. Keep in mind that if you are from that area, and you file a complaint you are now on their radar. You gotta look at the big picture and determine what your best course of action is. And sadly, it may very well be “do nothing” as much as i hate to say it.
@Sleazy remember, a lawsuit can only be for damages. You need to be realistic about what damages you have not only incured, but can prove as well. Only you can determine what you should de here. Many lawyers will have a free consultation so maybe start there and see what they say. Best of luck.

[ - ] bobdole9 1 point 3 weeksApr 14, 2024 12:29:57 ago (+1/-0)

being very polite has gotten me off more than a few times

Chris Rock's "How not to get your ass kicked by the police" truly works.

Whenever I'm pulled over on the interstate, usually stopped within 5-10 seconds of the lights turning on. Each time was only a written warning, except for Los Angeles County where the speed I was clocked (rolling downhill) should have suspended my license. Grateful for my out of state plates and clean past; I was happy getting a 7-9 over ticket.

[ - ] xmasskull 2 points 3 weeksApr 14, 2024 04:44:45 ago (+2/-0)

Yes.

[ - ] Sleazy [op] 0 points 3 weeksApr 14, 2024 13:16:40 ago (+0/-0)

That does not seem quite right. If you had satisfied the charge

[ - ] xmasskull 2 points 3 weeksApr 14, 2024 18:46:43 ago (+2/-0)

ALL cops general attitude:Once a criminigga,always a criminigga'!

[ - ] Fascinus 6 points 3 weeksApr 13, 2024 22:04:02 ago (+6/-0)

Don't Talk to the Police


Mirrors:

https://files.catbox.moe/2n6911.mp4
https://qu.ax/sBEx.mp4

[ - ] HonkyMcNiggerSpic 3 points 3 weeksApr 14, 2024 00:07:21 ago (+4/-1)

They cant pull him over for a brake light then call for a drug dog. All he had to do is ask if he was free to leave and if not then ask what crime can they articulate that he committed. Yes, I would file a complaint against all pigs involved then sue them.

[ - ] Fascinus 3 points 3 weeksApr 13, 2024 22:15:27 ago (+3/-0)

I am not a lawyer, so I may miss something important and, generally speaking, the officer needs to have reasonable articulable suspicion of a crime in order to prolong the traffic stop; it's not just open season for them to hold you there until they can see what they can get.

That being said, it's likely that you'll have to press the issue by asking whether you are free to go and, if not, are you being detained (not like one of those sovereign citizen retards, unless you enjoy an old-fashioned wood shampoo).

If you are free to go, great! Otherwise, you may want to consider invoking your right to remain silent.

Although the use of a K-9 unit may cause only a small extension of the stop, it is not fairly characterized as connected to the mission of an ordinary traffic stop and is therefore unlawful.

Where they get around this sort of thing is when the suspect willingly cooperates with the investigation. Yes, it extended the stop but did you ask to leave?

There are a few good instructional videos from actual lawyers that I've seen on the topic, though it's been years since I've seen them. (((jew)))Tube is your friend.

[ - ] Sleazy [op] 3 points 3 weeksApr 13, 2024 23:01:16 ago (+3/-0)

While my son was waiting for them to bring the dog I told him that was a violation and he told the cops that it was in violation according to Rodriguez vs United States ruling and the cops told him that wasn't real

[ - ] Fascinus 2 points 3 weeksApr 13, 2024 23:06:48 ago (+2/-0)

Not surprised.

Cops are often uninformed about case law.

[ - ] Sleazy [op] 3 points 3 weeksApr 13, 2024 23:08:01 ago (+3/-0)

they should know it is not legal for them to detain someone to wait for a dog to come sniff them and their property

[ - ] Fascinus 4 points 3 weeksApr 13, 2024 23:12:43 ago (+4/-0)

You're absolutely correct and they tend to rely upon the public not being aware of, nor knowing how to assert, their rights.

You might be surprised how often they'll surrender their qualified immunity and render themselves and their organization open to litigation even when the suspect explicitly advises them that they're running afoul of the law.

[ - ] Fascinus 4 points 3 weeksApr 13, 2024 23:19:06 ago (+4/-0)

Heads-up, you probably already know this and you can submit a FOIA request for the bodycam footage.

[ - ] HonkyMcNiggerSpic 2 points 3 weeksApr 14, 2024 00:08:44 ago (+2/-0)

The high court ruled that cops can lie.

[ - ] Not_C 1 point 3 weeksApr 14, 2024 03:06:24 ago (+1/-0)

You need to talk to the officers face to face.

Explain that they are one step away from becoming the next Derek Chauvin.
That their supervisor, and their supervisor's supervisor will throw them under the bus the first chance they get.

Meanwhile here they are, acting like shitheads towards the only people who will stick up for them.
This is what their chain of command wants. They want regular people and the cops to turn against one another.

Tell the officers that they need to stand up to their superiors, and that they need to stop pissing off the only people who'll stick up for them when the next Fentanyl Floyd dies and their superiors try to hang them as the new Derek Chauvin.

Oh.... wait....

After reading your comments, the cops were 100% in the right. And you're a horrible father.
Take your kid back behind the shed, and knock some sense into him.
And if that doesn't work and your kid wants to continue to hang around with others who take testosterone blockers - Then buy him a dress and a wig, and accept that you're a failure as a father.

[ - ] Cantaloupe 1 point 3 weeksApr 14, 2024 00:14:59 ago (+1/-0)*

If you have the money and your son almost never travels through the area, then yes sue them just to be a dick.

Your kid should first say politely

0. He felt he was having a health emergency and thank God you are here.
1. Is he being detained
2. He does not consent to searches
3. Is he free to go
4. That he doesn't answer questions
5 record it
6 you want to be evaluated by independent medical examiner

7 if you have money, find all the people he's ever been a shit to and sue him all at the same time in many regions of the state. If he doesn't show up you win the case. Try to time it for the holidays.
8. Hire an investigative service to determine if he is corrupt, or engaged in immoral activities


Don't give ID unless you are being detained.

File a complaint last name, badge number, department.

[ - ] Lost_In_The_Thinking 1 point 3 weeksApr 13, 2024 22:43:37 ago (+1/-0)

Stop talking about it here and HIRE A GOD DAMN LAWYER!

Christ almighty, did you make this up just to talk about it here? This is serious. HIRE A GOD DAMN LAWYER and stop talking about it here!

[ - ] Sleazy [op] 1 point 3 weeksApr 13, 2024 22:59:06 ago (+1/-0)

this literally just happened

[ - ] Lost_In_The_Thinking 2 points 3 weeksApr 13, 2024 23:53:23 ago (+2/-0)

Then literally just stop talking about it and hire a god damn lawyer.

[ - ] RedBarchetta 0 points 3 weeksApr 14, 2024 09:59:58 ago (+0/-0)

Have you ever retained a Attorney? The Retainer can be anywhere from $2500 to $25000. This needs to be provided before they talk to you. You can go through Avvo for the cheap solution. Most Attorney's will tell you this.

What was lost? Pride? Ego? What damages were incurred? People need to think two minutes ahead. Taking the Constitutional way out of a traffic stop may be the correct way to go, its not the smoothest.

If you are ever put in the position where you need to deny the police, just phrase it as: My attorney would not let me... Not agree... They will shut up because they now know the rules. They can still search but it will be inadmissible. Just wasting your time and they are doing recon.

Take your lumps. The cops are the biggest gang, remember this and treat it as such.

[ - ] Sleazy [op] 0 points 3 weeksApr 14, 2024 21:26:27 ago (+0/-0)

When I got divorced I hired an attorney, the prettiest one I could find. Then I got my self an even prettier girlfriend and went to court with both of them LoL

[ - ] Clubberlang 0 points 3 weeksApr 13, 2024 22:24:05 ago (+0/-0)

Ask to talk to the chief of police then STFU.

[ - ] TheOriginal1Icemonkey 2 points 3 weeksApr 13, 2024 22:25:38 ago (+2/-0)

Spark to have an attorney present. The chief doesn’t matter.

[ - ] Deplorablepoetry -2 points 3 weeksApr 14, 2024 05:57:41 ago (+1/-3)

Daily reminder that the only good pig is dead in a ditch soaked in piss