Thursday, April 17, 2014

I was pulled over in White Plains, NY.. And I was told by the officers , along with my friends that were passengers in my car.

Q:  WE were told to step out of the vehicle. The officers began to search my vehicle, front, under seats and opened trunk.. I do not know what they were looking for BUT I assume either drugs and or weapons..HOWEVER, My friends and I were just driving on a city road, as any "normal" people would..NOT doing anything illegal, not was I speeding..My license was fine.. My question is the following: Do police officers have a right to search any vehicle for any reason they deem necessary? OR..Do they have to ask for and retain my permission? I can understand if I had a warrant or wanted by the police.. But I had not commited any crime , at all.. NOTHING illegal was found in my car as we did not posess any weapon(s) OR drugs.. Were any of my rights violated? Next time, do they have to have reason?


A:  David's Answer:  Generally police need your consent or "reasonable suspicion" in order to conduct a search of your vehicle. In the instance you describe, did they issue a ticket and/or were you arrested? If not & there was no discernible basis upon which to conduct the search, at the least you may file a complaint against the police. As to whether there's a basis for a lawsuit, you should schedule a consult with a White Plains civil rights lawyer.   -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

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