Suing a sheriff in Federal Court

[NSTassel]

Good luck, sound like you're on the right track. True, once the ticket was written, even if proper, the cop has to let you on your way without probable cause that a crime has been committed or reasonable suspicion that warrants further investigation. And there can be personal liability for the cop for a civil rights violation, though the agency covers any liability.

You should be careful when it comes to trying the case, that's not easy. At least bone up on evidence law. And too, you might win and obtain only a small judgement given that you did not go to jail for any real period of time. You hear about verdicts of $1 sometimes. The federal civil rights laws provide for attorney's fees to be paid if you win even a dollar. Having gone this far, you might want to discuss with a lawyer to take the case the rest of the way. Their fees will get paid and the presence of a lawyer and the potential for the fees may force a settlement. Good luck again.

[cpguitar1]

l33t h4x0r is very correct and Myth1184 is After my ID, registration, and insurance all cleared, hillin wasn't allowed to ask me if he could search my vehicle. the US Supreme Court has many times said that once everything clears I could either be given a warning or a citation, unless there is probable cause. there was no probable cause but hillin asked anyway. I denied his request. So hillin continued to break the law and he asked to search my vehicle again. I said, "No" again.

Actually you're slightly off-base here. He is allowed at any time to ask if you will consent to a search of your vehicle - there is absolutely nothing about that which violates your rights. However, you DO have the right to refuse at which point he must provide at the very least a "reasonable articulable suspicion" for minimally intrusive inspections for weapons (see Terry v. Ohio), or probable cause for a full out search/arrest for any form of illegal contraband (Wong Sun is one of the big cases you might look at or that).

On the K-9 issue, it would not have been illegal for the dog to have sniffed your car while he was running the license checks, etc... if he had the dog with him. Where the officer went astray was when he denied your request to leave after he had no reasonable articulable suspicion to hold you further. At that point the stop had turned into a detention where a "reasonable person would not have felt free to leave" and very well might have crossed the boundary into an arrest.

All this being said, i submit that you got lucky. The DA could have potentially won on an opposition to the suppression motion, arguing that your evident "nervousness" and maybe even a furtive gesture/motion thrown in may have provided a reasonable articulable suspicion in light of the officer's training and experience in dealing with narcotics. Not saying that this would be the right thing, but I've seen it done in my time working with the US Attorney's Office.

Good work handling your case though, and best of luck.

[nikweiser]

wow big whoops 2 mph over what a dickhead. he had no right to search you he broke the..... 4th? amendment the right to searches and sezuires (cant spell i dont care)
correct me if im wrong on the amendment though

[motorcycletony222]

The point is not what the dude in the van did or did not do. The point is that the popos in Sevier County are and have been in the business of violating peoples right to be secure against unreasonable searches. If its the policy of the sheriffs office, either written or unwritten, to pull over autos to find evidence of greater crimes, which is illegal, then it makes the popos the criminals. Put their ass in the Pen. And Myth you are such a cop. Dumb ass.

[JackdaWack]

i dont think there allowed to make you sit there and wait, unless its during the license check, but even then there only allowed to stop you for so long, Detainment can be a thin line to a cop, what you have to do is, suggest he's breaking your rights as if you have insight to the situation, adress his situation, dont act like you have the power over him to acknowlege your rights but its just simple and you feel the situtaion is neccessary to apply them. With out any cause to search your car, no matter what he finds is expelled in court. So dont sweat it, either way if he breaks your rights, thats alot worse, + abuse of power. I ussually dont run into to many problems with officers. If its a clean stop, i ussually adress him first chance give him my shit and smile, cause it could be worse, and they respect it when u make it comfterable for them and it eases suspicion.