Cops That Break Laws

Hello, I'm new here to ATS. Well I've been here a while just never have tried creating a thread. I'm not sure if I'm in the right area but I would consider this a rant. What I want to talk about here today is police and a personal experience I had recently with them. I do not wish to go into full detail for my case has not been settled yet but if you would like to know more I would love to explain myself.
I'm not exactly looking for answers to a question nor am I here to complain. I would just like to share my experience and get an honest opinion from people on whether they believe my constitutional rights were violated.
So, basically my story starts at a gas station with a friend. It was mid afternoon maybe 4pm and we were going to my house a few miles away. I stopped at a gas station and we both went inside and grabbed drinks. We came back outside to the car and I started my car. Before I could leave a completely black suv pulled up right next to my car and a huge man was standing next to the passenger window.
This is where things get a little weird. I will describe the man that had very quickly rushed to my passenger side window. He was a tall man and very big(muscles) had on camo shorts and a gun around his waist. I could not see above his chest as he was so tall and my car was tiny. So basically i just saw a huge man pull up and stand next to my passenger window with a gun on his waist.
Next thing I know he bangs on my window but before my passenger could begin to tell the man that my window motor is broken and it won't roll down the man opened the car door himself and began to unbuckle and pull my friend out of my car. This is when I got terrified and thought I was being robbed. The man told me to step out of the car and I listened because I was terrified. As soon as I step out he puts me and my friend into handcuffs and begins to ask questions and later begins to search my car all for no reason at all.
The story ends here for now. If you would like for me to explain anything further I'll be more than happy too. Also I will continue this story with the second half later today I am running low on time. This is a true story that happened early November 2015.. I am asking for people's opinion on if my constitutional rights were violated. I had never been so scared before at first I thought I was going to get shot or robbed for my car. I hope this story can help other people to realize that cops can make mistakes and you need to be careful not to make any yourself.
Thank you for your time,

OpenMindedPhilosopher

a reply to: OpenMindedPhilosopher

Did you give consent for your car to be searched?

And was anything found in your car that was illegal?

Possibly, could be a mistaken identity, but would need to know more. Like anything you noticed before pulling up into the gas station, and more details on what happened at the gas station

Obviously more to this story than you posted,so I will reserve judgement...

a reply to: network dude

No I did not give consent for my car to be searched nor gave reason for probable cause. We did not get the chance to speak to him before he opened the door himself and began to pull my passenger out of the car.

a reply to: misterhistory

I remember seeing his blacked out car there when I walked out to my car, he was in a parking space near the other side of the gas station. He was watching me for some reason and said he came up to my car because he saw me buy a cigar in the gas station and "knew I was up to no good." Wish I had security footage because I bought a bottle of water only..

a reply to: OpenMindedPhilosopher

Looking for more like if you saw a vehicle following you before pulling in.

a reply to: OpenMindedPhilosopher

In a battle with law enforcement myself. You can't win. If the charges are serious enough I suggest you get some military training and defend your self.

They do what they want and, all the way to the FBI, they protect their own. Do what is right, and I don't mean bow down, because if you do, they will just single you out as an easy target.

www.abovetopsecret.com...

Good luck in the coming battle. If you would like some "tips" let me know.

a reply to: OpenMindedPhilosopher

Go to your local circuit/county clerks office and request a subpoena form. Fill it out for the surveillance footage at gas station..... but unless he says that in court it wouldn't do any good unless it caught something else.

Fight these out of control scum, ANYWAY you can if you are in the right.

Laying down and just paying fines is what has gotten him so brave/stupid.

a reply to: misterhistory

My friend said he saw it pull out from another gas station a few cars behind us and pull into the gas station we went to, so yes I think he followed my car for some reason. I am not a well known person by the police you know so it was odd

a reply to: OpenMindedPhilosopher

I am going to further continue what happened at the scene where I left off. So the officer had banged on the passenger side window and then opened the door himself and began to pull my passenger out of the car. As he was doing this he told me to get out of the car, so I did. Remember at this point all I know is a huge guy in an all black car with no markings has began dragging my friend from my car. All I have noticed on him is a gun around his waste and maybe something else there too. So I am terrified at this point and get out. As I do so my friend is already in cuffs and I start to get put in them. We were both asked plenty of questions and my car was searched. I believe the undercover officer had no probable cause to do so and also we were not read our Miranda rights before questioning. Sonething was found in the car and I was charged with a misdemeanor. I feel my rights were infringed if that is the correct word. From no probable cause, to the fact he didn't say a word to me before opening my door himself and physically pulling my passenger out of the car, his car was completely unmarked I thought I was being robbed at first, my Miranda rights were not read to me, and my citation was not filled out with any supporting details or facts of what even happened. I feel that police officers should not be in unmarked vehicle pulling people from their cars with no reason. Someone could end up getting hurt these days...

I'm not a student of US law but I know a little bit. If any of this is wrong correct me.

You don't need to give consent for a vehicle search, you need to clearly assert your right to not consent.

The officer should articulate probable cause when asked but the parameters for this are wide open enough to mostly make it moot anyway.

You won't be read your rights unless you're under arrest.

Challenge the citation if there's parts that are unfilled and see where it leads if you can be bothered. No harm in it.

If they tossed the car and found something, that puts you in a predicament. You should probably chalk it up to experience, accept that you had done something wrong and let it go. Had you not been doing anything wrong then you have much more right to be pissed off. Whether they had the right to go about discovering the wrongdoing is something else but it sounds like it was resolved with your freedom mostly intact and no real harm done.

I honestly feel that there's a good bit of the story you've let out. Intentionally or unintentionally, makes no difference. That being said:

You don't have to be read your rights of they have no intention of using anything you say in court. Example (albeit a rather extreme one): you stand in front of a camera, hold up your operator's license, announce your name, then shoot the person standing next to you. Nobody has to read you your rights upon arrest. They only have to read them to you if they want to ask questions to build a case.

Your car can be searched either by probable cause or consent. If PC exists, your consent, or lack of, is moot. Another example: an officer witnesses you make a narcotics purchase and get in your vehicle. Officer pulls you over. He doesn't have to say a word to you, from Mirandizing you to asking for consent. He has PC and can search you and your vehicle.

The reason I suspect there's a good bit of the story left out is that pulling up to a random vehicle and pulling the occupants out and searching the vehicle violates not only several rights but several laws. It's a pretty terrible idea to do that. Perhaps the situation happened exactly as you describe. Perhaps not. Perhaps your friend did something to give probable cause. Perhaps your rights and multiple laws were broken. Entirely too many holes in the story to say.

a reply to: MagnaCarta2015

Thank man I'll take that advice, lesson learned

I should have gone to the academy. I would have been an awesome dirty cop.

a reply to: Shamrock6

I made no drug purchase at the gas station if that's what you mean.. I simply went inside and bought a drink. The officer told me that he saw me buy a cigar there and thought I was up to no good.. I did not buy any cigar haha and is that even probable cause?

a reply to: OpenMindedPhilosopher

That doesn't really add up, to be honest. He saw YOU do something so he pulled the passenger out of the car first? Instead of the one he thought he observed something, who is also the driver of the vehicle?

a reply to: Shamrock6

Exactly why I have made this thread. I'm being honest and would have no reason to lie to strangers about this. The officer did not even walk up to the driver side door, My side. I don't understand why. I didn't even get the chance to ask if he was a cop or why he was at my car before he opened the passenger side door. Look he walked up to his door, and tapped the window. My friend tried to say the window was broken and I guess the cop must have gotten angry or something because he just ripped the door open after that. It was unbelievable I wish you would believe me...this is why I know I can't get out of anything because it is hard to believe. My lawyer has already tried to get body can, security footage, anything but couldn't find anything. I swear I'm being honest.

a reply to: OpenMindedPhilosopher

More than likely it's starting to sound like your friend may have flipped off the cops or something along those lines. Good way to @ anyone off.

a reply to: misterhistory

Yes definitely sounds like so but they charged him with the same thing as me.. Which is weird because he is not the owner of the vehicle.