A Tampa, FL man returned from a concert to find that his expensive business truck completely ransacked – by police.
They had no warrant and did so without his presence, simply leaving him a note, which read:
“Sir, your car was checked by TPD K-9. The vehicle was searched for marijuana due to a strong odor coming from the passenger side of the vehicle. Any questions call Cpl Fanning”
“You think if anyone is going to break into your vehicle in Ybor, the last person you think, it’s going to be the cops,” stated owner Matthew Heller.
Police actually ripped out wires and trashed the electronics in his truck, which he used as a display model for his business. They found no marijuana.
The local police dept claims they had a right to perform this search, but attorney Bryant Camareno disagrees:
“It’s an illegal search,” Camareno stated. “Usually if it’s some kind of unoccupied vehicle there has to be some level of exigent circumstance to justify searching a vehicle without a search warrant. Exigent could mean if there is a dead body inside, if there is a screaming child locked in the car, a dog but if the car is unoccupied there is no exigency to justify the search.”
Really they destroy things in his vehicle, ransack it find nothing and just leave it, he’ll yes sue.
If nothing was found. How do they substantiate probable cause?
Not without your permission
NO they Can’t!!!
Oh yeah!?
Well… now I can use my second ammendment right to defend the cons$#%&!@*ution from enemies foreign and domestic! Start shooting these stupid Yanks and let the cons$#%&!@*ution sort em out! Eventually their superiors will recognize who they really work for…
THAT is UN-Cons$#%&!@*utional and therefore illegal!
I don’t know where you all live…but in NY there is the “automobile exception” to the law. It allows for a vehicle search without a warrant. The police must have an articulated reason for the search but it doesn’t require much. Of they pull you over….smell marijuana,for example….vehicle search. Been like that for as long as I can think of. Its because vehicle are moveable as opposed to a structore and evidence can more easily be removed or destroyed.
Very useful tool for law enforcement. Lots of very good arrests result from it.
sorry bill don’t trust the boys in blue with that much power it lends itself to bad behavior
Well Dan it can be abused like anyone else who has any level of power. I hope you trust them more than you do our elected officials…I don’t think I abused my authority in my 22 year career but it does happen. The % is very low though. Do you happen to have a plan to catch criminals. I guess the police could just ask politely if someone has anything illegal….lol. But I don’t think that would get them to far. If we aren’t gonna trust the police to some level…let’s just get rid of them. How’s it working out in Baltimore now where the police aren’t being pro active ?