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Nate
Lv 4
Nate asked in Politics & GovernmentLaw & Ethics · 9 years ago

A question for California Police (LEOs). Detained for sitting in car with out of state plates?

I was sitting in my car at a motel I am currently staying at. Two police officers approached me and one ordered me out of my car. He immediately took the tone that I was doing something wrong and ordered me to put my cigarette out and put my hands on my head, etc. when I asked the reason he immediately started to question if I was in possesion any drugs (in a very accusatory tone) then proceeded to point at my NY plates stating that was the reason. He also stated because I have a temporary tag from the DMV on the car and asked if it was stolen. He continued to ask me about drugs and if I had anything illegal in the car. I was ordered to empty my pockets, patted down and told to sit on the asphalt. I was asked if the car could be searched which I allowed. I did not have ID as it was stolen but they ran the information I provided and proceeded to release me as the car is mine and I have never been arrested.

I don't feel this was legal as I know I wasn't breaking any law. I was detained about 15 minutes and at no time during this encounter did I feel free to go. I volunteered all information needed. I don't feel there was a valid reason for the encounter or all the drug related questions. The way I was approached the officer doing all of the talking made me feel though I specifically was under suspicion for drug activity.

So my question is, does this seem lawful and valid? Specifics as to why or why not would be appreciated. I'm hoping someone who is a current or former LEO can answer. Thanks

7 Answers

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  • ?
    Lv 6
    9 years ago
    Favorite Answer

    Yes, it is legal. The requirements to detain is much less stringent that the requirements for arrest. The officer can do a pat-down to insure his own safety. You permitted the search of the vehicle. Had you not done so, he would have had to get a warrant, or come up with a stronger cause for suspicion.

  • Anonymous
    9 years ago

    From your description it appears that this was all proper and legal. If you feel that you were treated excessively rudely (accusatory or other "tones" do not qualify), you can certainly go file a complaint. They will investigate, but I feel certain nothing would come of this at all as it all seems above board.

    Knowing what you do about life these days, consider that you are the officer in a patrol car. You are cruising in an area of motels where perhaps there is a history of drug trafficking. You see a car with out-of-state tags and a paper DMV tag, with someone just sitting in the car. This ought to cause you to think this is unusual behavior that needs to be checked out.

    You don't know this guy from Adam, so you have to be firm and make sure you are not shot or assaulted in the process.

    Bottom line - you really were under suspicion until they confirmed the situation. That it only took 15 minutes for them to release you when you didn't even have valid ID is somewhat miraculous. Another thought - what if you were in your room and some drug activity was really taking place outside your door. Would you want the police to investigate that and clear the scene or just drive by because nothing overt was going on?

  • Anonymous
    9 years ago

    This is technically a consensual encounter, and it is perfectly legal. It may not have felt that way because of the tone they used. Using such a tone is a common technique that police use to find out information from suspicious people when they don't have probable cause for detention.

    An easy thing to do in this situation is to ask "am I being detained?" or "am I free to go?" They are required to tell you whether they are detaining you or not. If not, you can leave.

    You are not required to give consent to search the car, however if you do, they can search it.

    Sorry this happened, but honestly it does seem a bit suspicious to be sitting in a car at a motel all alone, especially if it was late at night. Many drug dealers do that type of thing.

  • 9 years ago

    Not in Ca but can tell you - many are like this in ALL states! Many people do drugs at motels and there have been increase in stolen cars so they are doing their job. Once you cooperated however they should respect you but just like some people who work in fast food - some are nice and some are just jerks!

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  • Anonymous
    4 years ago

    If I see the front i think of it relatively is somebody from right here (Michigan) with a California plate in front for adornment (very straightforward for some reason) considering we don't have front plates. no rely if it relatively is a professional California automobile i think of wow what a lengthychronic

  • Anonymous
    9 years ago

    Honestly, so big deal it took them 15 minutes to prove you were innocent which you knew all along. Life is to short to dwell on such incidents.

  • Weyman
    Lv 6
    9 years ago

    Welcome to the police state of Amerika.....and you want to ask a LEO if they were fair...WAKE UP.....you have a lot to learn about standing on your rights

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