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At a standard traffic stop my dad was pulled over driving…

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At a standard traffic...

At a standard traffic stop my dad was pulled over driving our uhaul & unbeknownst to him his license were suspended. My husband & i pulled over in front of him the cop was alone & directed us to wait at the next exit that he would be releasing him in few mins. Hour & a half later i called police station & was told we needed to come there to get him. The cop waited for k9 officers to arrive told my dad the dogs found trace of narcotics in front of the truck & an officer drove the uhaul from the traffic stop scene to the police station while my dad was escorted by another cop in the back of his car. We showed up to get him & they were searching the uhaul without our permission & my dad was never given a ticket. It gets worse..but i will stop there for now

Lawyer's Assistant: Have any charges been filed? If so, when is the next court date?

My question is can a cop drive it away like that after we were told to leave the scene call k9 in & then go search it

Lawyer's Assistant: In what state did this occur?

Indiana

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We were never shown search warrant no narcotics were found but they destroyed a lot of my things

Submitted: 3 months ago.Category: Legal
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Answered in 6 minutes by:
3/23/2018
Lawyer: RobertJDFL, Attorney replied 3 months ago
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 15,206
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. To make sure I'm understanding correctly, the police officer made your dad wait for another unit to show up with a K-9 dog to check out the car after pulling him over for an unrelated traffic violation? Did he consent to wait?

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Customer reply replied 3 months ago
No he gave no one permission they didnt even ask. We were pulled over in front of him the officer knew at that time his license were suspended & told us to wait at the next rest stop that he was being released in a minute. 35 mins later my dad timed it k9 cops show up
Customer reply replied 3 months ago
An officer drove the uhaul alone from the traffic stop scene which was the highway to the police station & searched the uhaul but never gave my dad a citation for the initial traffic stop
Lawyer: RobertJDFL, Attorney replied 3 months ago

Thank you for your reply. Please give me a few minutes to type out a reply.

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Lawyer: RobertJDFL, Attorney replied 3 months ago

Absent probable cause, what the officer did was an unlawful search. There is a 2015 decision from the Supreme Court (Rodriguez v. United States) that actually addresses this issue where police intentionally detained a person to make them wait for a K-9 dog. If the officer had pulled over your father and there was an odor of drugs coming from the car, or drugs on the front seat, for example, he would have probable cause to detain your father, search the U-Haul, and call in a drug dog. But absent probable cause, he shouldn't have just made your father wait for the dog. He should have asked if he could do so, and then if your father declined, issued him a citation for driving on a suspended license if he planned to do so (or for whatever other violation he initially pulled him over for) and let him continue on.

Now, if your father had consented and the dog came out and sniffed the car and alerted, absolutely the officer could take the vehicle and bring it back to the station to search thoroughly (people hide drugs inside vehicles all the time). That's a clear violation of your dad's 4th Amendment rights and would certainly be a good legal defense had he been arrested for something or charged.

With respect to the damages to your property, I would talk to a lawyer. Before filing suit, this might be something that could be resolved through a demand letter and negotiation. Pictures of damages and an idea of the approximate value of everything destroyed or damaged would also be helpful in a consultation. If that fails, then litigation is definitely an option, but I am sure the last thing you want to do is have to spend money litigating when you've already lost money due to damaged/destroyed items.

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Customer reply replied 3 months ago
We got to station 2 get him they told us to get a hotel they would be a while with uhaul we went to rest stop for few hours they finally called said we could come get uhaul..i asked 4 directions from where we were & as soon as i got off the exit i got pulled over. Cop came saw us & said "oh its u guys" i told him i didnt know where we were going can i follow him. He told me 2 wait a minute returned to his car approx 5-6 mins later he came told me step out of car & my husband & dad there was all of a sudden 5 cops a k9 dog they frisk searched me twice & also my husband the cop with the k9 we witnessed throw a ball against my passenger side door the dog then went in my car they made me turn around & get in front seat of cop car 4ever tore my car apart came 2 the cop car i was in told the head cop in car with me he found a straw he believes has meth traces on it asked 4 drug test apparently came back positive (never done the drug in my life) the head cop asked if i agree 2 strip search & he would let it go i said yes bc it wasnt mine i had nothing to hide. Drove me back handcuffed my rights were not read to me yet strip search was clean he walked me to my car my husband drove back told us he would be out in minute with uhaul keys. The 1st officer that pulled my dad over came out about 15mins later asked me & my husband 2 come inside with him. They questioned us seperately trying 2 get us 2 lie on one another long story short they gave me eye test & few other test i know i passed even tho id neen driving 4 days & yaken my IBS med which has ton side effects & told my husband & i that they think they have a 51% chance of convicting me of having meth & meth paraphernalia bc of my demeanor. I was arrested spent 3 days in jail. Never was told why i got stopped nor never got a ticket just like my dad
Customer reply replied 3 months ago
We have texas plates we told them my husband is combat vet and we moved to texas for a year for his chemo treatment from VA in texas & they continously kept asking me to give them names of big fish to fry..that i couldnt live there and not know drug cartels i told them over and over i never left my husbands side we never left home unless for chemo thats when they performed those eye tests and other test on me.
Customer reply replied 3 months ago
Sorry..i know its a lot but and the entire time our puppy was with us it was awful
Lawyer: RobertJDFL, Attorney replied 3 months ago

I'm sorry, I don't think I'm the most qualified expert to answer this. I'm going to opt out so the question can be opened back up for other experts to see so that someone else may assist you.

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Customer reply replied 3 months ago
I know ...it's a lot..thank you
Lawyer: Jonathan Holson,
 replied 3 months ago
Jonathan Holson
Category: Legal
Satisfied Customers: 113
Experience: Associate at Martin and Wagner, P.A.
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What specifically are you asking? I think I understand the facts.
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