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Old Apr 21, 2004 | 08:42 PM
  #78  
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antarius
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Joined: Oct 2000
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From: Bay Area, CA
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That Police Officer may have offended you, humiliated you, and made you feel like a criminal; but he did not break the law.

He pulled you over (his words) because of your illegally modified lights. That's reason to pull you over. You could have been acting somewhat nervous (to him), or looked "suspicious" and yes, it's at his discretion to determine this. So he asked you to get out of the car to further investigate/speak with you.

Upon doing so, it is his responsibility for his safety and your safety, to PAT YOU DOWN (not search, pat you down) to check for any noticable weapons or things that could be mistaken as weapons; that may cause him to inflict harm upon you. So again, he's legal there.

Then, searching your car. You are either 1) Not telling the full story, or 2) exaggerating or 3) were acting very nervous and abnormal. Again, if #3 is the case he was also allowed to dig around a bit through your vehicle to confirm or disprove his assumptions and suspicions based on your actions.

I know people act nervous often around Police Officers, but sometimes you just have a bad day or whatever and may act slightly rude, offended, and nervous; and those can easily be misinterpreted as being hostile and threatening to a Police Officer.

In short, call your Lawyer. Your defense is going to be that he did all this to you because of your Race or some other reason, and frankly; it wont fly. It sucks, the cop may have gone a little bit overboard (more so that I would have done, but im not out in the field yet so I cant really say), but he didn't break the law.

Moral of the story? Keep your car legal...
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