Margaret Road

Argo, AlabamaJun 22, 20061 Comments

My brother was pulled over b/c mufflers were loud the police officer asked him for license and registration he said okay but that he would have to reach in the glove box for his registration and didn’t want to alarm him b/c his pistol was stored there. He handed the officer his license and pistol permit and before he could get his registration the officer asked him to step out of the car so he could search the vehicle. My brother did as he asked the officer called for back up and several more officers showed up they searched the vehicle found nothing and issued him a ticket for illegal mufflers which were not. My brother planned on fighting the ticket but the actual Judge called him and threw it out along with the ticket b/c the officer didn’t have the legal right to pull him over. This was great but be very careful when driving through this town b/c these officers really have let their positions go to their heads.

Comments:
A police officer has to tell you that you are "free to go" before asking for a consent to search. At that time you can refuse the search if you wish. Otherwise it is considered coercion and it becomes an illegal search. In other words if he is going to give you a ticket, he can't legally ask you for a consent until after he writes the ticket. Therefore you don't feel as compelled to consent.
#1Mar 06, 2010Report Abuse

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