Q: I was pulled over for non working break light, but they work and were on during stop.
Said reason for traffic stop was bad tail light. Searched my vehicle and arrested me for possession. Police officer lied. My break/tail lights weren't out. They work just as they should. Can I get my possession case dismissed on ground for unlawful traffic stop?
A:
Your questions raise more questions. What time of the day? Night? was the stop? Were you driving in a "bad neighborhood?" Was a drug dog used? From the time your car got turned off after the stop, how long did it take the drug dog to get there?
If NO dog was used, try to remember what the officer said as he opened your door and began searching? Did he say, "I smell marijuana coming from you? Were you smoking MJ? Do you have any MJ in your car?
Regarding the officer's "reasons" for pulling you over?" Forget challenging him on his lies. Unless Jesus was your passenger, this cop is NEVER going to admit that he lied about your light being out. Even if he admitted he was wrong, he'd just say that he was "mistaken," never maliciously lied; then he'd make up some other reason that he just "forgot to put in his report," like he'd say you made a "wide turn," or didn't wait in you lane at least five seconds when changing lanes, before beginning moving your car into the adjacent lane. So, unfortunately in my long experience, cops are NEVER wrong and even when you prove them wrong, judges forgive them! Sad but true.
The search of your car is the most interesting because it has both 4th and 5th Amendment implications. Did you give him "permission" to search? Did he say, I could get a warrant to search this car because I am smelling pot, but if you don't have any reason for me to get a warrant, why don't you let me search your car?" Try to give more information and let me know?
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