**ARRESTED** need advice.
Originally Posted by bmxer8699
Hey all was wondering if I could get some advice about what happend to my dad today.
He was in carrollton going down trinity mills in one of his dealer cars he bought from another car lot this morning. He was going down the straight away and was approaching the train tracks so he slowed down, after he passed them a motorcycle cop pulled him over and started questioning about the dealer tags, my dad explained he owned a car lot. the cop then tells him he was going 59 in a 45. then asked for my dads license.. and my dad is from kuwait so his name is not american.. i will not reveal his name due to certain circumstances. then the cop asked him to step out of the car.. my dad cooperates and gets out. the cop then proceedes to ask him if he can search the car. There was no reason for the cop to ask this just for speeding and having dealer tags.. my dad tells him no, there is no reason and that the cop was harrassing him.
The cop then arrests him and tows the car
.
then when we went to bail him out we asked the reaon for his arrest and they said he was arrested for having dealer tags... WTF!! so were all pretty pissed to hear this in my family and have contacted our lawyers.
what do you guys think? you think theres a case here? wrongful arrest or what?
He was in carrollton going down trinity mills in one of his dealer cars he bought from another car lot this morning. He was going down the straight away and was approaching the train tracks so he slowed down, after he passed them a motorcycle cop pulled him over and started questioning about the dealer tags, my dad explained he owned a car lot. the cop then tells him he was going 59 in a 45. then asked for my dads license.. and my dad is from kuwait so his name is not american.. i will not reveal his name due to certain circumstances. then the cop asked him to step out of the car.. my dad cooperates and gets out. the cop then proceedes to ask him if he can search the car. There was no reason for the cop to ask this just for speeding and having dealer tags.. my dad tells him no, there is no reason and that the cop was harrassing him.
The cop then arrests him and tows the car
. then when we went to bail him out we asked the reaon for his arrest and they said he was arrested for having dealer tags... WTF!! so were all pretty pissed to hear this in my family and have contacted our lawyers.
what do you guys think? you think theres a case here? wrongful arrest or what?
I think you are leaving something out here, just sounds fishy.
If all true, then it does sound wacked for arresting a person for having dealer tags.. you might have a case then.
Have yall been to the airport lately if yall are goin to call that profiling, then the airport is doin some racist ****. I went to see my fiance off and seen 2 middle easterners gettin damn near stripped searched and my fiance walked right by and nothing was said. I felt kinda bad for them cause some white folks have the same beilefs as those suicide bomber people. Thats was wrong of the arresting cop they have to have probable cause just beacause you middle easten dont give them the right to search your vehicle they could have handled it a lil better. I would hire a lawyer and hang the citys *** for rasist ****.
When you say dealer tag, do you mean the black paper tag? If so those are for the transporting and test driving of vehicles. If this was the case then the Officer made a valid and legal arrest. You can be arrested for any traffic offense in Texas except for speeding alone. It may have been motivated by something else but the arrest itself would be valid.
Your dad was stopped for speeding... This warrant's "probable cause" for the police to search the car, tow the car, pretty much whatever they want to do...
That said, was it right that they took it to the extreme that they did? Probably not!
However, in court, the judge/DA will look @ the facts.. started out as speeding, police requested to search the car ( he was going to do it anyway)... your dad played his hand and lost...
What could have been a $150.00-$200.00 ticket resulted in a small fortune...
Live and learn i guess...
That said, was it right that they took it to the extreme that they did? Probably not!
However, in court, the judge/DA will look @ the facts.. started out as speeding, police requested to search the car ( he was going to do it anyway)... your dad played his hand and lost...
What could have been a $150.00-$200.00 ticket resulted in a small fortune...
Live and learn i guess...
Wait.. he was arrested for not allowing a search of for the plates? Speeding isn't a justifiable cause for a search, nor is his skin color/ethnicity. Not only are you going to have to pay the fees for court, bail and lawyer fees, but this arrest goes on his permanent record. Unless there is something outside of your story that I'm missing, take them to court and file suites against those ******.
Originally Posted by PewterY2KZ28
Your dad was stopped for speeding... This warrant's "probable cause" for the police to search the car, tow the car, pretty much whatever they want to do...
That said, was it right that they took it to the extreme that they did? Probably not!
However, in court, the judge/DA will look @ the facts.. started out as speeding, police requested to search the car ( he was going to do it anyway)... your dad played his hand and lost...
What could have been a $150.00-$200.00 ticket resulted in a small fortune...
Live and learn i guess...
That said, was it right that they took it to the extreme that they did? Probably not!
However, in court, the judge/DA will look @ the facts.. started out as speeding, police requested to search the car ( he was going to do it anyway)... your dad played his hand and lost...
What could have been a $150.00-$200.00 ticket resulted in a small fortune...
Live and learn i guess...
Originally Posted by y2k2z28
When you say dealer tag, do you mean the black paper tag? If so those are for the transporting and test driving of vehicles. If this was the case then the Officer made a valid and legal arrest. You can be arrested for any traffic offense in Texas except for speeding alone. It may have been motivated by something else but the arrest itself would be valid.
if all this is legit and nothing has been sugar coated by the oringinal thread writer, then i would say the cop is in the wrong. i have nothing to hide, but anytime i have been asked if they can search my car, i have always politely said no, and i have never went to jail for period. that has always been with state troopers, never a city cop. so maybe you have some ground to stand on if the cop made a wrongful arrest.
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Joined: Sep 2006
Posts: 234
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From: Lexington, South Carolina
Originally Posted by waterbug1999
O.k.... Let him go and park the car by your work then.
Rather be safe then sorry... No search of the car, detain the guy and tow the car in for a search... Simple.
Rather be safe then sorry... No search of the car, detain the guy and tow the car in for a search... Simple.
He can park beside me at work. But Im not a racist. Yea detaining him and towing his car is simple for the cop, but not for the victim. He now has an arrest on his record for doing nothing.
Originally Posted by BryanJohnson
when he says dealer tag, i think he means the white ones that have a printed #(not hand written) and the business name....or thats what my dads dealer tags look like.
if all this is legit and nothing has been sugar coated by the oringinal thread writer, then i would say the cop is in the wrong. i have nothing to hide, but anytime i have been asked if they can search my car, i have always politely said no, and i have never went to jail for period. that has always been with state troopers, never a city cop. so maybe you have some ground to stand on if the cop made a wrongful arrest.
if all this is legit and nothing has been sugar coated by the oringinal thread writer, then i would say the cop is in the wrong. i have nothing to hide, but anytime i have been asked if they can search my car, i have always politely said no, and i have never went to jail for period. that has always been with state troopers, never a city cop. so maybe you have some ground to stand on if the cop made a wrongful arrest.
correct, white tag with the printed number. not hand written. and my dad did politely said no. and i hate to say it lol but no sugar coating of the thread, its just sounds that stupid
Originally Posted by LS69TA
Yea, you can't be arrested for just refusing a search on a traffic stop.
No difference really.
There is always a lot of conflicting information in threads like these. We need someone who actually KNOWS the law to post for a sticky that covers events like these. I don't know. I think it would be a good idea for a car forum.
Originally Posted by waterbug1999
Try refusing a breathalizer... If the cop thinks you have been drinking and you say no to it, you are going to jail or at least detained and taking downtown.
No difference really.
No difference really.
BTW, if the cop thinks you have been drinking usually they'll see signs of it like umm I don't know... Driving erraticly, failure to pull over, speeding excessively, failure to obey traffic signs, fail a sobriety test, slurred speech, etc.
I once got taken to jail for not doing defensive driving on time, the cop followed me for 4 miles, in and out of starbux, and he pulled me over for my front bumper being over the white line.
