QUESTION
I was stopped by the police and they illegally searched my vehicle. I was taken to my home and they searched it, without any reason.
Asked on Apr 20th, 2018 on Constitutional Law - New York
More details to this question:
I was pulled over by 10 maybe more police vehicles. I was asked to get out of my vehicle, I asked why, they opened the door and pulled me out and handcuffed me, as they walked me to the unmarked police vehicle that pulled me over, I was aske if I had any cocaine or heroin, I said no, they said sit tight that they were detaining me while they searched my car. I sat there crying as I watched them tear my car apart, than the dog went through it. I was than told they were going to search my home next. I sat in the cop car and watched them search my home
1 ANSWER
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There are limitations on when the police can search your car and your home. For your car, they need probable cause, either see you committing a crime, see contraband or a weapon or other evidence in plain view, or have another probable cause basis before they can search your car. For your home, unless there are exigent circumstances, hot pursuit, a valid emergency or something of the sort, they need a search warrant, unless the owner or legit occupant of the home consents to the search. If you were arrested without probable cause, and then released without charges, you may have a civil claim.
Answered on Apr 20th, 2018 at 11:41 AM