pulled over-ticketed. were my rights violated?

Discussion in 'Real Life Stories' started by fourtwozer0, May 28, 2010.

  1. #1 fourtwozer0, May 28, 2010
    Last edited by a moderator: May 28, 2010
    So this weekend I was supposedly pulled over for running a red light and almost t-boning a cop.
    In the process of it all, I pulled into a gas station once I saw his lights and noticed it was the break area for at least 10 parked cops......drug unit,k9 unit, etc. etc.
    So I give the cop my registration and didn't have my license on me.
    He told us to step out of the car and patted us both down..

    This is where I'm not sure if my rights were violated.
    One of the older cops brings out a k9 to go around my car when I had a bowl and like a 5 bag in my car.
    As he brought the dog around 3 times and there was no trace of weed to the k9 he noticed my window rolled down on the drivers side.
    He has the dog jump up through the window and sniff all around my car, half way through it.

    As they pull away, I read my ticket and was written up for :

    Offense comment:
    Right Turn

    Contrary to the form of the:
    9-21-3-7
    Disregard lighted signal-signals exhibiting c.......


    I don't understand at all what I was written up for considering I saw no cop as I turned until he flashed his lights. Also, I though it was striahgt to make a right turn on a red as long as there were no signs saying "Right turn on green only" or something of the sort.
    I know 100% I didn't almost t-bone him.

    So can anyone tell me what this ticket is for? And maybe if I could take it to court tomorrow and get shit dropped for the k9 being halfway in my car.

    I don't know, I'm just really looking for a way to not pay this.
     
  2. Dude, if I'm reading this right, you had a fucking K-9 police dog jump IN your car where you had weed and paraphernalia, and by some divine miracle the dog didn't hit on it, and you weren't busted for it, and you're bitching about the fucking traffic fine?

    Pay the ticket and count your blessings my friend.

    Oh, and they should fire the dog.:D
     
  3. Chill out.
    I know I got lucky, but the dog shouldn't of been in my car in the first place.
    It's bullshit, I know I got a ticket cus the cop wanted to pop us with something.

    Just got my license and I'm on an insurance plan that sky rockets after my first ticket.

    I just can't afford it.

    Was the dog in my car illegal or not?
     
  4. regardless of whether the dog was legal in being inside your car or not, you're not gonna get the other shit tossed out because of it.

    your traffic fines weren't the result of an illegal search, but something that happened before the illegal search.

    quit complaining and pay your fine. also, be happy if you don't lose your license, in many places there is a period of time after you get your license during which your license is considered provisional and can/will be taken away for any traffic offenses.
     
  5. WAIT.

    You are saying you got a ticket for making a right turn on a red light?

    It is legal to do that... so i have no idea what you got a ticket for.

    You didn't ask the cop what it was for when he gave it to you? or you did and he said it was for turning right on a red? If so that makes no sense because why the fuck would he say that.

    ALSO. The dog didn't smell anything, and it was INSIDE your vehicle?!?!?!

    I don't know what this is all about. If you DID violate a traffic law. pay the ticket. because if you didn't get caught for weed by the dog. who gives a fuck if ur rights were violated? I know that the police themselves cant just go IN ur car without probable cause. but DOGS?!?! lol i have no idea
     
  6. Take pictures of damages to the car caused by the dog jumping into it. Scrathes, chips, nicks. Maybe you can argue the dog left an odor and would like someone to pay to have it cleaned and repaired. Other than that, take a picture of the intersection and the signage. Without proof, you can argue anything. It's not what happened, but what you can prove in court. You can get off if the traffic cop fails to show up for court.
     
  7. #7 tokinITguy, May 28, 2010
    Last edited by a moderator: May 28, 2010
    OK, listen, I know that you're worried about insurance rates. IF you qualify to attend, just find the local traffic school and pay to attend. It's usually like $50 or $75, but WELL worth it in the long run. Usually when you agree to attend traffic school, it wipes out ALL points from the infraction, and your insurance company will not raise your rates over it.

    Regarding the actual infraction and someone questioning that it's legal to turn right on red, well technically it is, but not unless you come to a complete stop BEHIND the solid white line to properly yield, then proceed through with your turn. 99.9% of drivers do NOT do this each and every time you roll up to an intersection. Yeah, this is a major level of bullshit to get pulled over for this(the cop was looking to bust you for something else, or meet a quota), but it is a legal infraction. Look up the statue referenced on your ticket to get more info on it for your local laws.

    The good thing is the infraction you received might not even have any points behind it, so you may not have to attend traffic school AND your insurance company may not raise your rates. Contact a DIFFERENT insurance company (not your own, don't want to even tip them off if you don't have to) and ask questions on the infraction, they'll probably tell you.

    Sorry if I was a bit excited earlier, you just don't hear very often of K-9 dogs inside the damn car with weed and people getting away with it.:D
     
  8. The rules for K-9 units are pretty much the same for humans searching the vehicle. They just have better noses.

    Bottom line is they both have to establish probable cause to search inside, and the method is pretty much the same, by smell.

    Chances are it was an illegal search, but good luck fighting the word of a dozen cops at the scene in court. Any damn one of them could lie and say the dog "hit" on something outside the vehicle.
     
  9. Contrary to common belief, you have to make a complete stop before turning right on red. Turning right at a redlight is merely just a stop sign.
     
  10. I have the answer.

    1) You weren't popped for drugs - forget about the drug dog - the dog and events that happened with the dog have NOTHING to do with your traffic ticket

    2) If you made a right on a red and got a ticket you either 1) didn't make a complete stop or 2) made a right turn at a light that had a sign that said "NO TURN ON RED"... either way - make payment arrangements with them or try to get it lowered when you go to court.

    Stop thinking about the drug dog - there's nothing you can do especially when he didn't even find anything.
     
  11. ^^ These two above me have it.

    Need a complete stop at the red light, check, traffic and proceed with the right turn when safe.:wave::smoking:
     
  12. i think I understand your question right. You're asking if it was legal for them to bring the drug dog in a non drug related search? Or something along those lines, I can't word it properly.


    The bullshit thing is that it's legal for cops to bring a k9 unit for simply a traffic stop, even if there is absolutely no suspicion of drugs being in the vehicle. Check out the ruling of illinois vs Caballes. Pretty similar situation to yours but they actually found drugs and ruled it a legal search. This happened to a guy in my city who is a pretty well known drug dealer by the cops. they brought a k9 unit to a BULLSHIT traffic stop and didn't even find any drugs, just paraphernalia.
     
  13. you can make a right turn on red yes, as long as you stopped first, looked, then turned

    did you just keep going through the red light and make the turn or did you stop, then make the turn? if you kept going, that's why you were pulled over
     
  14. the dog shouldnt of gone in your car.. they are only allowed to go around the car, and they dont need consent for that.. but if the dog hit on something they can do whatever they want, because that gives them probably cause.. but still, dog shouldnt of been in your car..
     
  15. The dog should not have been in your car, however this is a circumstance where you should just suck it up and deal with it man. You need to learn to pick your battles, and this one is not worth fighting.

    All I can keep thinking is that if you had bud in your car and the dog jumped in and didn't smell it... man they need to fire that dog. I may resent police for a lot of what they do but my tax dollars are paying for K-9 units, and it upsets me when I hear my money is basically being wasted.
     
  16. He's right good luck beating cops in court, those boys won't hesitate to lie
     
  17. Had a chance to get off work, smoke a bowl and re-read this thread;:smoking: especially this part;

    "I don't know, I'm just really looking for a way to not pay this. "

    Your honor, I am not a 100% sure but I thought I made a complete stop. It was definately evident that there was no oncoming traffic. It is also evident by the dash cam that the officer was stressing about something and conducted an illegal search of my vehicle and did not even offer a reason for the stop, nor a request for standard paperwork.

    I therefore question the charges against me and the testimony of the witness.
    I would like to plead not guilty.:wave:

    Run it by a lawyer during a free initial consultation. Hope it helps.:smoking:
     

Share This Page