Expert: Jack Toomey - 7/11/2009

Question
HI,  THANKS FOR YOUR TIME.  I WAS RECENTLY PULLED OVER FOR A MINOR TRAFFIC VIOLATION.  THE OFFICER GAVE ME A WARNING.  AFTER DOING THIS HE ASKED ME IF HE COULD SEARCH MY VEHICLE; I TOLD HIM NO.  HE DEMANDED I GET OUT OF THE VEHICLE AND PROCEEDED TO SEARCH IT.  THERE WAS ANOTHER OFFICER WITH HIM.  APPARENTLY HE HAD BEEN NOTIFIED BY THE FBI WHO HAD OBSERVED ME AT A PARTICULAR RESIDENCE AND HAD LISTENED TO A PHONE CONVERSATION THAT I MIGHT BE PURCHASING ILLEGAL DRUGS AND THAT THEY SHOULD PULL ME OVER.  THEY HAD A warrant TO TAP THE OTHER GUYS PHONE.  I UNDERSTAND THAT THIS WAS ALL PART OF AN INVESTIGATION, BUT SHOULDN'T A SEARCH warrant BE NECESSARY FOR SEARCH TO BE LEGAL, I DIDN'T CONSENT.  I WAS PULLED OVER 1 1/2 HOURS AFTER I LEFT THE HOUSE AND WAS 80 MILES AWAY IN A DIFFERENT COUNTY.  THEY HAD TIME TO GET A SEARCH warrant OR AT LEAST DETAIN ME UNTIL ONE COULD BE ATTAINED.  WAS THIS A LEGAL SEARCH BECAUSE OF THE INVESTIGATION.  DRUGS WERE FOUND BY A CANINE DOG.  I WAS NOT ARRESTED, I WAS DETAINED FOR 2 1/2 HOURS ON THE SIDE OF THE HIGHWAY, HANDCUFFED, PLACED IN PATROL CAR AND TOLD I WAS UNDER ARREST, BUT THEY UNHAND CUFFED ME AND LET ME DRIVE HOME.  I WAS FINALLY ARRESTED 13 MONTHS LATER.  WAS THIS PROPER POLICE PROCEEDURE OR WHERE MY 4TH ADMENDMENT RIGHTS VIOLATED.

Answer
The courts have ruled time after time that a search warrant is not required for the search of an automobile on the public roadways if probable cause exists for a search.  In your case it is obvious that probable cause existed since the house was under surveillance as a drug house and you were seen leaving.  

They probably told you that you were under arrest because you were denied freedom to leave.  You do not have to be charged with a criminal offense to be arrested.

But I have a question for you.  You said that you were arrested 13 months later.  I have an idea why but what were you charged with?  Is your case still pending?  Do you have an attorney?