Q: Police searched my car and impounded my vehicle without proper reason.
I was pulled over by the police for allegedly not having a visible license plate, though it was clearly visible. During the stop, I allowed the officer to search my car because my cousin, who was on probation, was with me. However, I did not consent to a search of the locked trunk and glove box. The officer wanted them open, and when I asserted my rights and refused to hand over the keys, he forcibly took them from my pocket and conducted the search anyway. After the search, my vehicle was impounded, despite having a licensed driver, and there were no holds or legal reasons given. The officer made us all walk away. Was this a violation of my rights?
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- California
- (916) 704-3009
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- Answered
A:
Based on what you've described, this appears to be a violation of your Fourth Amendment rights, which protect against unreasonable searches and seizures. While your cousin's probation status might have given officers reason to conduct an initial search, they still needed either your consent or probable cause to search the locked compartments of your vehicle.
The forcible removal of keys from your pocket and subsequent search of locked areas without consent or probable cause is particularly concerning. Officers must respect your right to refuse searches of locked compartments unless they have specific, articulable reasons to believe evidence of a crime will be found there. Additionally, impounding a vehicle requires legitimate legal grounds, such as evidence of criminal activity or the vehicle posing an immediate safety hazard.
You should document everything that happened, including the officer's name and badge number if possible, along with the date, time, and location. Consider filing a formal complaint with the police department's internal affairs division and consulting with a civil rights attorney who handles police misconduct cases. Your attorney can help determine if you have grounds for legal action and guide you through the process of seeking remedies for these apparent violations.
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