Is this an illegal search?

Question

Okay, here's how the situation went down. I'm 17 and I went to the local Shnucks to get some gum and a Pop. On the way out when I got in my car I accidentally bumped a concrete light pole going about 4-5 mph, I quickly stopped and checked for damages to my car in the parking lot. The only damage done was a scratch to the plastic covering of my front plate. I got back into my car and drove to Sonic to eat, before I was about to pull out of Sonic a Undercover police officer pulled me over and asked me to step out of my car. I asked "What seems to be the problem officer?" He shined a flashlight in my face and asked if I've had anything to drink or to smoke. I told him the truth and said No. Then another police car arrived, and the officer asked me about the light pole I hit and saying thats why he pulled me over. I told him it was a simple mistake and that no damage was done. He then asked me if I smoked weed, He claims he brought the subject up through my Bob Marley shirt. I told him no I don't which was a lie. He then opened my car door and shined a flashlight all through my car, then walked away. He told the other officer that they need to search the car. I said "I don't consent to any searches sir." and then he got up in my face telling me he could tow my car away right now, and he threatened to bring the dogs. I told him I was just making him aware that I don't consent. He then started searching unjustly, no dogs were brought and he did not see anything in the open nor' did he smell anything. As they searched they found a glass pipe, and a homemade pipe under my seat. (I also had 2 friends in the car and they pulled them out and searched, found dip on one). They didn't find anything else. He came over to me then and asked if I knew where to get some weed. I said no sir'. He harassed me about it  and I remained silent. He then told me to get in my car and go and I thanked him. He did not charge me with anything or do anything. But I was wondering if that was a legal search or not. If they did take me to court over the pipes or give me a ticket and I took it to court, would they win? Is it just because there police and better? Why was I searched, the officer claimed it was for a 'Hit and Run' but I don't think they can search under my situation. 

Thanks.

Anonymous · Accepted Answer

Yep.  Accident's an accident and is reasonable to think someone running into poles and running off could be high.  Next time, go inside and have the clerk clear you before leaving.

Had you been stopped for no reason and the rest had happened, then no, it wouldn't have been legal.

ChadG · Answer

TOTALLY ILLEGAL! I dont know the rule where you live, but in Wisconsin if theres less the $1000 damage you dont have to report the accident. You gave no consent, and wearing a bob marley shirt isn't reasonable suspicion or probable cause. If I were you, I would sue the heck out of them. While cops are there to serve and protect, they have limits too and they sure as heck violated your 4th ammendment right, not to mention harrassment. If you can afford it, sue them. Get a good attorney and sue them man. You could get alot out of this. And even above that, you'll show that just because you're 17 that you still have rights and cant be pushed around like a little child. And if you can't afford to sue, at least file a complaint at the department. This way, maybe you'l get to stop that cop from messin with another dude for no reason. Good luck man!

Seal · Answer

Dont really know if its legal (i live in Ireland).I had a similar experience last year.i was in my local village on Halloween night when a police man comes up and asked was i drinking alcohol.i replied no.He then asked a question which i didnt hear,i said excuse me.he then pulled out his police batton and threatened me.after a couple of further questions he told me to leave the village or i would be arrested.kind of harsh considering i did noting wrong.i know young people are generally mischievous on Halloween night but i actually did noting.The first answer was a tad bit harsh.If i were you id be curios too.

Anonymous · Answer

to search ur car they have to have a probable cause.. they have to have evidence to make them think a crime has taken place or it may take place... they could say they thought you had drugs.. but you could ask them what evidence did they have to make them think there were drugs in your car?  to search you they deffinatly have to have reason to believe you are carrying in your case drugs, and you also have the right to know why they are searching your car and you.

if they did not tell you this any evidence they found on you or in your car could be dismissed, as proper procedures were not followed.  and anything you said to them could be dismissed as the questions were not asked in a proper interview set up!

oh and also if they threatened you, anything you said after that would be dismissed in court, as it could be seent hat you were forced to say it

Anonymous · Answer

if you did not consent to the search ,then it is illegal 
i mean if you did not consent they can call in a k9 to search and if the hit on something then they can search without your consent

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Is this an illegal search?

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