MNGunTalk.com

ok guys, This is third party information, but I gotta ask anyway. What kind of recourse does a friend of mine son have after he was pulled over searched.

Here is what happened thats has been told to me.

The kid who has a permit to carry was pulled over in his car (reason unknown)
The cop asked for DL. As the kid pulled his license out, the cop saw the permit to carry.
The cop asked if he had the gun with him, the kid said no, its at home.
The cop pulls the kid form the car, hand cuffs him, makes him have a seat in the back of the squad car, then proceeds to search the car. I am assuming a gun but really for what was not relayed to me.

Does this kid have any recourse for harassment or unlawful detention? Do the police have the right to search a car during a traffic stop? (Do we grant them this right for the privilege of a MN drivers license)

Well, there has to be more to this story for the officer to do that--just sayin.

Smokeyloads

I would stop posting about it and go visit a reputable attorney.

Not sure where this happened, but in the Twin Cities Metro area, I would recommend Marc Berris - http://www.berrislaw.com/berris.html

b

floydster wrote:Well, there has to be more to this story for the officer to do that--just sayin.

Smokeyloads

Like I said, I do not know the whole story, so there could be more, I just dont know.

bstrawse wrote:I would stop posting about it and go visit a reputable attorney.

Not sure where this happened, but in the Twin Cities Metro area, I would recommend Marc Berris - http://www.berrislaw.com/berris.html

b

I am gonna assume that it was in the TC metro area, they live south of the river.

why stop posting about it? I simply asked a question for something that is totally hearsay..

and as far as I know, neither my friend or his son is part of this forum.

nobody Can give you answers without knowing what really took place.

Punisher102 wrote:

floydster wrote:Well, there has to be more to this story for the officer to do that--just sayin.

Smokeyloads

Like I said, I do not know the whole story, so there could be more, I just dont know.

Hard to say what the kid might have said and it only takes an OK at the wrong time etc. Without the COMPLETE story there is no way to tell. Either way a good lawyer is the ONLY recourse.

Punisher102 wrote:Does this kid have any recourse for harassment or unlawful detention? Do the police have the right to search a car during a traffic stop? (Do we grant them this right for the privilege of a MN drivers license)

Does he? Possibly. Possibly not. Depends on the facts of the story.

Police can search without a warrant in some circumstances. Why did the officer search the car?

Again, my advice is to not post about it here and seek advice from a reputable attorney.

In most of these cases, I've found that we're not getting the whole story.... and asking for advice from a bunch of non-lawyers is probably not the best route to go
b

bstrawse wrote:.... and asking for advice from a bunch of non-lawyers is probably not the best route to go

C'mon now, you know full well that approximately 96.4% 46.4% of the Interwebs are filled with exactly that...

I had to change the est. % as soon as I remembered that about 1/2 of the Interwebs are actually porn...

jgalt wrote:

bstrawse wrote:.... and asking for advice from a bunch of non-lawyers is probably not the best route to go

C'mon now, you know full well that approximately 96.4% of the Interwebs are filled with exactly that...

I'm sure someone has some Malarkey they could throw in here.
b

bstrawse wrote:I'm sure someone has some Malarkey they could throw in here.
b

ISWYDT

bstrawse wrote:I'm sure someone has some Malarkey they could throw in here.
b

I, for once, have NOTHING to add.

Punisher102 wrote:Does this kid have any recourse for harassment or unlawful detention?

Did the cop find anything? Is he being charged? If not, maybe he should forget about the incident and move on with his life.

JoeH wrote:

Punisher102 wrote:Does this kid have any recourse for harassment or unlawful detention?

Did the cop find anything? Is he being charged? If not, maybe he should forget about the incident and move on with his life.

Shhh... just bend over, it'll only hurt for a second and when it's over, it was all just a bad dream... there, that wasn't so bad now, was it.

It has been alluded to but not outright said.

If a cop wants to search your car, they can and will - legally (in 99.9% of the cases). They are given discretion in a lot of cases, and if in their opinion the criteria was met, they can search. If the issue is pushed, there is no way to prove them wrong and its the kids word against the cops. Unless the cop has a past "history", it'll likely go no where and you are out the time and money.

I'm sure there is more to the story, but if he isn't being charged then I'd go on with his life and not worry about it.