Almost Got Arrested While in My FR-S

[NYNOMAD]

You should have called my cousin Vinny!

[SVTSHC]

Originally Posted by fistpoint

Stand in line citizen.

The story of a robbery was bullshit. Look up police phishing, it's a textbook excuse.

I remember when I got phished for roughly an hour and a half outside my friends house before I even had the chance to pull out of my spot. Wrong neighborhood and wrong time I guess. Never feels good though and me being 17 at the time didn't have the slightest clue what my rights were.

Not to say that the officers in question that were involved in the OP's situation were BS'ing; just saying I remember when I got phished. (Luckily that was the first and only time, but I will admit I've yet to meet a non-douche cop. Not saying they don't exist, just saying I haven't met one)

[Lonewolf]

Originally Posted by LSxJunkie

I didn't take Crim Pro too long ago, let me see what I remember.

(Not a lawyer)

If he was removed from the vehicle and patted down (allowed, for officer safety) any hard item in a pocket could give rise to a protective sweep of the vehicle, IIRC. Also, if he had actually committed a traffic violation, they could have simply placed him under arrest for the pretext, left him next to the vehicle, and then performed a search incident to arrest. Criminal procedure avoidance. It's a shitty move, but it's certainly been done.

Terry did not create a bright line 20 minute rule. If he were to raise a 1983 suit on 4th Amendment grounds, the court would look at the totality of the circumstances, including the type of crime he was being stopped for, the pretext used to stop him, if any at all, his cooperation, the amount of information the police had at the time, and so-on and so-forth. Detaining someone for 20 minutes is too long for a turn signal violation with nothing more. Detaining someone for 20 minutes on suspicion that he had participated in an armed robbery? More than reasonable.

He wasn't pulled over for any traffic violation so that doesn't apply. OP didn't have to let them search his car, he offered it up to them, he didn't need to do that. My only stab at a 1983 case involved a 23 minute traffic stop that was found to be unreasonable under the circumstances. Though there is no brightline time limit established by terry, most of the attorneys that I've spoken with agree that the clock really starts to work against officers after 30 minutes or so...

[ichitaka05]

LOL IDK why, but this debate about cops laws/rules reminded me of this Jalopnik article

http://jalopnik.com/5925176/a-legal-...zs-99-problems

[Spaceywilly]

Same thing happened to me in my wrx once. I was pulling out of a strip mall and randomly a cop pulls me over. Next thing I know there are 8 cruisers behind me and a bunch of cops are having a pow wow behind my car. Fortunately I know most of the cops in my town so they just apologized and said someone had just robbed a bank in that plaza and my car matched the description, but a lot of things were going through my mind in those 5 minutes.

[baldolera]

Thank god I'm in Canada! I don't think that is legal for them to do over here...

[Allch Chcar]

That was a good read, glad it worked out for ya.

Originally Posted by baldolera

Thank god I'm in Canada! I don't think that is legal for them to do over here...

lolwut.

[Texas BRZ]

Thanks for all the comments, everyone.

Just an update:

The day after the incident happened, I felt I like I needed to inquire and follow-up on everything that happened with me... And so I decided to visit the city's police station to request a call report, some details about the robbery, reasons to why I was suspected, and also the main officer's contact info so that I could follow-up to see if he needed any further information or details from me.

Well, I just received a mail from their behalf today stating that according to so & so's law, they do not have to provide me with any of the requested answers or information... Because if they were to release any details, that would possibly interfere with their efforts of resolving the crime.

Oh well, I just thought I'd follow-up and seek some answers... They did what they had to do, so I'm just going to back off from all this.

Thanks again for hearing me out.