Q: Did I get my constitutional rights violated?
I got pulled over for speeding when the cop came up to question me I invoked my 5th and handed over my license registration and insurance. He walked away. Another cop arrived on scene. She tried to question me as well but I invoked the 5th. She left then came back a couple minutes later and told me to step out of the vehicle. There was a bunch of cops there. The female officer brought a k-9 around my car. Then after that I was handcuffed and told this was now a narcotics investigation. When I got handed cuffed one of the police officers took my phone and ended my video recording. Then they patted me down for weapons and proceeded to search my car. I did not consent. They did not find anything illegal or give me any reason for the search. I was let go with a speeding ticket after.
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A:
The situation you've described raises several legal questions related to constitutional rights. First, the Fifth Amendment protects individuals from self-incrimination, so you had the right to remain silent when questioned by the police. However, this right does not exempt you from providing identification during a traffic stop, which you did correctly.
The use of a K-9 unit and the subsequent search of your vehicle without your consent introduces questions related to the Fourth Amendment, which protects against unreasonable searches and seizures. Law enforcement may only search your vehicle without consent if they have probable cause to believe there are illegal substances or evidence of a crime visible in your car, or if they believe the car contains evidence related to the offense for which you were stopped. The details you provided do not specify whether the police had such probable cause.
If you believe your constitutional rights were violated during this encounter, it would be prudent to document everything that happened while it's still fresh in your mind. You might want to consult with a legal professional who can provide advice specific to your situation and the laws in your jurisdiction. Remember, each case is unique and the legality of the police's actions can vary greatly based on local laws and the specifics of the incident.
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