Caldwell, ID asked in Criminal Law and Civil Rights for Idaho

Q: i was recently pulled over for "speeding" by a state officer, and i said I do not consent to a search, yet he does....

He searches my car, on a hunch he says, even though the stop was for speeding, he finds nothing in my car. The passenger was searched after that, and then booked into jail on a drug possession charge.

I was never ticketed even though the officer pulled me over for "speeding", and I was not given any sobriety tests so what legal reason (other than illegally profiling me), could give the officer the right to pull me over, say i was speeding (even though i was not and can prove it thanks to my maps timeline), and then proceed to search my car when i loudly state that i do not consent, and then search my passenger? I have a valid license, insurance, registration, no criminal record at all. Not even a speeding ticket ever...

Related Topics:
1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: Police have the right to pull you over, if they get information from Dispatch or their CAD system, telling them that you are suspended or not licensed or if they see (or say they see) you commit a traffic infraction. I file Motions to Suppress, whenever I see a report and the cop SAYS he saw a traffic infraction but doesn't ticket the driver for it, because it stinks of "PRETEXT." The better policy is for cops to ALWAYS give the ticket for what they SAY justifies them pulling the driver over. That would keep junkyard lawyers like me, from filing so many Motions to Suppress Evidence, and winning so many cases! However, once the cop pulls you over then he must ONLY write you a ticket, or let you go! He must NOT prolong the stop (for a citation) by asking you follow-up questions that have NOTHING to do with what he pulled you over for, so that he can slyly look into your car and hopefully see a cigarette case with drugs in it, or a pipe in the center console etc. Many cops know about you before they pull you over. In many cases, the cop will ask for an "assist k-9" unit to accompany him as he's pulling you over. That way, the K-9 cop will have his dog do an "open air sniff," to see if you have any contraband or narcotics via "inevitable find" or "plain view" exceptions to the warrant requirement. However, there is a plethora of case law which says, that many times a cop, writing a simple citation will have things occur during the stop, which will raise additional "suspicions" of criminal wrongdoing, and so in those cases, a Motion to Suppress will fail and the Court will find that after he walked up to your window, he "smelled" what smelled like MJ or he looked in and saw something "in plain sight" which raised his suspicion or you or your passenger were seen by the cop, moving the arms around like you were hiding something, just as you were being pulled over. Basically, the Idaho Supreme Court will sanction just about any decent reason the cop explains, gave him a righteous "suspicion" which wasn't there when he was merely there to write a ticket for an infraction.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.