Today I got a DWB and I am humiliated

As I was driving from Tampa to Gainesville (1.5 hours), as I have done the last year for law school I was pulled over by the Florida State Highway Patrol.

I was given a registration violation (I cold not find my registration). I was then asked if my car could be searched. I denied the search and cited 4th Amendment protections. Then a police dog showed up in another FHP vehicle, and he was brought to sniff my vehicle. He jumped all over my passenger side door, (scratched it) and my car is my baby, I work for it, and I enjoy it a lot Acura 3.2 TL type-S.

I was then placed in the back of the FHP vehicle for an hour and a half, while all my vehicle posessions were searched. Finding nothing, they decided to search me, I had to remove my shoes, raise my shirt, was frisked, even touching my balls and other areas.

I was then told that the leaves that you get from outside and somehow find their way into your car, those leaves looked like marijuana leaves to the pig, I mean police, so thats why this all occured. That was bullshit, there brown old crusty leaves from outside.

So my car is scratched, I am humiliated, not to mention I missed classes in which they discussed the exams, since those are on the horizon, and I am released, with advice to get some wax and buff the scratches.

This has been the worst experience of my life. I could have sworn that they were going to plant some drugs, considering the duration of the search. I really thought my life was about to get ruined.

I am entirely sick of this free country--where freedom is the biggest illusion. I will do one of two things today, I will leave and go elsewhere (Canada), or I will become the bane of the states existence. I am fairly well-versed in the law and I wanted to use that knowledge to practice family law and personal injury, and generally help people.

Now, I will practice exclusively criminal defense in order to get every person I can off, even the worst of the worst, this is for the people who have been humiliated like me but who can not fight back.

I will retain council and will be suing the city, with the help of a law professor I know. By the way DWB means driving while brown I am from Trinidad, and that could be the only reason I could think of why this occured. I dress well, very well in fact, am reasonably articulate, in excellent shape, so I do not give the appearance of a druggie in any way. In fact believe it or not I have never even smoked marijuana, I have never been interested in the drug. I hate this country, and have never been more humiliated, so I figured I would continue my humiliation on DU, or maybe someone has something profound to say.

May it make you a better defense lawyer. Never forget how you felt today! The feeling will come in very handy as you fight the good fight.

Your second mistake was citing the Constitution as a reason why they couldn't search your car. Law officers don't like having the law thrown into their faces.

If only you had been more reasonable! ;)

I told him I was in Law School and late! So he knew already that I knew something of the law, I guess.

What, is Florida under curfew?!

That's a disgusting story. You shouldn't feel humiliated. Angry, yes. Outraged, yes. I feel it for you.

I was stopped for Driving While Poor about a month ago. I was asked why my car is a mess and what I was doing in that neighborhood. I am a disabled white woman with a legal car and a clean driving record.

Sounds like Florida. Disgusting. I hope you can give them some hell.

A lot of us are looking at Canada if things don't turn aroudn here.

I saw an interview with Chomsky however where he said he'd never move to another country. Guess being in jail once in a while doesn't bother him.

the academic class. He really isn't affected by the ups and downs of the economy. Whether there's a Bush or a Clinton in the White doesn't matter to him or people in his position.

It's working people who have the most to worry about should Bush win. We also have a lot to worry about should a conservative Dem win.

to law school. They might have thought twice about fucking with you.

...I suspected that the law school reference was what caused them to come down hard on you. A non-white planning to be a lawyer? That's bad news for those types of people.

:puke:

That sucks. The only support I can offer is that at least in America (once in a while) you can do something about it.

It's good that you made the cops actually call in backup to search you and reminded them of your rights. You have to look at the positive side of the whole fiasco, which is that you upheld your rights and prevailed. You made them play your game, and WON!

I'm always a bit skeptical on the DWB, but I must state that I'm "White" and have not much experience on that matter. But, there's always a racist everywhere, sometimes they wear a police uniform. Who's to say if you move to Canada you won't get pulled over there, because of another racist cop in Ontario?

Also, it's close to the end of the month, quotas are coming due (if Florida uses them.) Don't get the wrong impression, I'm not trying to defend the cops, what they did was wrong, but often they will take that route if you give them any reason to do so, ie, speeding, failing to signal, etc...

I guees, I'd say, that you did the right thing, you fought for the Constitution, it may have momentarily cost you your dignity, but in my book that should make you a proud patriot!

Keep up the faith and feel good that you have won a round for the good guys!

About 2 years ago I was driving just outside my neighborhood where the speed limit is about 30. Okay, I was driving about 40, and suddenly this f*cking copy walks out in the middle of the street with some kind of radar machine. I swerved over and stopped, and yes, there was a bit of squealing. I was absolutely a wreck. He walked over to the car and starting SCREAMING at me "Why did you do that? Why did you brake like that?" I said (very meekly) "Well, you were suddenly in the middle of the street and my instincts took over; I braked." Then, he screamed again "There was no need for that kind of response; I oughta take your license away, blah blah." At this point, I was almost in tears. I normally do NOT drive that fast. In fact, many of my friends call me that "little old lady driver."

Finally, he just gave me a speeding ticket. I drove away shaking.

These cops in Florida are lethal!

just that that sucks and I'm so sorry you had to go through that! How awful.

...but not by much. The Toronto Star did a huge series of stories, beginning about a year ago, on the racial profiling problem prevalent there (and if it's bad in the most multicultural city in the world, it's worse everywhere else in the country). The link is http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Render&c=Page&cid=1034935301156">here.

Anecdotally speaking, which I know means a fart in a windstorm, I lived in Toronto for nearly a year and saw *one* non-white police officer the whole time I was there, and she didn't look too happy. (Incidentally, the Toronto Police Force has kind of a reputation for being ultrapolitical ultraconservatives, which isn't helped at all by their police chief -- who used to be police chief here in my hometown, oh goodness, how ugly that was! -- who really is one.)

Even people who would otherwise be tolerant are alarmed that Toronto will soon no longer have any majority racial group.

Personally, I say that day can't come sooner.

Canada is not a fucking ethnic homeland, whether people want it to be or not.

for turning right at a no turn on red stop light. I am white (Irish/Native American, but light skinned), also I was very pregnant at the time. One of the officers began searching the car, and I said "don't you need probable cause to do that?" As another poster put it, that was a mistake. He started yelling at me, put me in his car and made me sit while they went through every inch of my vehical. They were very rude to me and seemed disappointed that they didn't find anything.

I was a young, attractive, well-dressed, pregnant white girl. Some cops just seem to have it in for humanity. Still, I'm sure a racial bias does exist. You don't have to look any further than a prison to see that. I'm just saying, unless you're well-connected you have to be careful what you say to a cop.

situation with alot of officers, if you dress raggity and drive a raggity car and you are brown, then you must be poor and therefor they think you must be a criminal, and if you dress nicely and drive a nice car and you're brown, then they think you must be a drug dealer

as 'evidence'!!!!

Maybe if I consented to the search I would not have been harrassed to that degree, but if I had consented then I would have no recourse agains the police for deprivation of civil rights.

But if I consented my car would not be scratched either, no dog would be necessary.

All in all, I believe I did the right thing, but I am frustrated with the constant extension of police power in the USA. Reading through the case law over time, it is realy apparant that police power has become almost unrestricted. I just believe the situation is much worse here than in other countries, though no country will ever be perfect, some seem to strive for perfection more than others.

The USA is socially backward, considering its stance on drugs, gay marriage, health care, and a whole host of issues. Other countries have really progressed on these issues over the last 20 years, I feel like I live in a technologically advanced 1940. I just cannot believe this is the best place to be anymore, maybe for some things, but not many.

I will sue the county, and I will prevail, and I will have some choice words for that cop that I can deliver in a courthouse and could not give to him on the highway. You know if you mouth off you go to jail, do not pass go, do not collect 200 dollars.

I live in Pinellas county, where ironically enough, no one, no matter how deserving, ever seems to get pulled over for anything.
Please don't feel humiliated - you were right, and the shame and indignity belongs with the cops.
I just got through watching Democracy Now's report on the Miami police riots. They mentioned that they had police from 40 counties around the state. So I'm afraid our police are getting indoctrinated into that kind of thuggery and disregard for civil rights - and I imagine we will see it whether we're in Hillsborough, Pasco, Alachua, wherever.The police state mentality is seeping down from the top.
Again, I'm sorry for what they put you through.

if they say that was the justification, you need to show what they were identifying as *drugs*. Of course, you're a law student, so you know a lot more about it. GL with it.

to refuse the search, I don't understand the point, and what you gained by that. Frankly I would have let them search my car. You had nothing to hide.

Not trying to be contrary. Just asking.:shrug:

Firstly, refusing to search ptotects me in a civil suit later, which will occur, I can't bitch about something i consented too.

Secondly, if people do not enforce there rights why have them?

Thirdly, I enjoy my privacy, and choose to live in a free society, for me its not whether you have something to hide or not, but whether the state should be allowed to invade your realm of privacy.

I will always choose to enforce my rights, and advise others the same, either use it or loose it, and have we not lost enough?

Firstly, refusing to search ptotects me in a civil suit later, which will occur, I can't bitch about something i consented too.

Why would a civil suit occur if you consented to the search? If you had consented - they would have found nothing - and you wouldn't have any problem right now. And no reason to bring a civil suit. From what I gather in your original post, the only reason you are bringing a civil suit is for being stopped for DWB and all you went through for the next hour and a half because you refused the search. (I'm not saying I have any issue with your bringing a civil suit for that.)

I guess I just don't see the point in refusing a search if one has nothing to hide. When this issue came up at work about drug tests and and searching desks and work areas - sure - I didn't like it, but I since I do not take drugs or even smoke pot I wouldn't make an issue of it and refuse it. It's just a battle I wouldn't choose to fight - for myself.

edited for clarity

into illegal searches? Then wtf have a constitution?

be planted.

He still would have been late for school.
Chances are, they, having found nothing, would have called the dog anyway.

The point is, the intent of the 4th Ammendment is not to put people in that situation. We are all assumed to be law-abiding citizens unless there is a reason to assume otherwise. His point is, there was NO reason to assume otherwise, so the question about the search was un-Constitutional.

The chances are excellent that had it been me, or any other melinin-challenged person, the officer would have never even dreamed of asking the search question. We would have our stuid little ticket and been on our merry way.

And on our merry little way, how many times have we all seen black and brown families sitting on the side of the road while the protectors of our society search their cars? Think about it.

and after some thought, I was being short-sighted to suggest it.

That's why it's called being stopped and searched for DWB, after all.

Mea culpa.

:hi:

For themselves--and for everybody else.

Canada if the US north isn't to your liking. BTW save a spot for the rest of us.

it defined your day. it may define your week. but do not let this event define your life. stay focused on whatever goals you had 5 minutes before they stopped you. this is the real battle, to literally & figuratively drive on. it is the last thing they want, for you to continue as if they never did it IMHO.

they can stop your car. but they cannot, and must not, stop your life.

{{{william}}}

(edit for typos)

We need people like you with a sense of social justice who are awakened and engaged with what's going on. We need them as lawyers. We need them IN the system working to make it better.

Otherwise, it just keeps getting worse.

make me physically sick.

What happened to this country?

Well I guess it´s just a matter of time before I all see you in the gulag.

In USA, in Canada or everywhere else.

Speeding? Why no summons for that?
Equipment? Again, where is the summons?

Very curious there.

I think a call to the FDLE (if they still call it that) Inpsector General or Internal Affairs might be in order. Never know, this clown could have pulled this before and already have a sheet there.

Also, although as a law student, I am sure you know this, challange his training on spotting controlled substances, the dog and the dog handler's qualifications, and question the shit out of them about minuatae of their classroom stuff, they will mess up.

in spite of the claims to the contrary by some DUers.

i've gotten several tickets, but never been rousted. i'm sure much of that has to do with being a clean cut white guy.

I'm suprised they let you go with just a scratched car door. Usual drill used to be to knock out your tail lights and cite you for that, too.

I went to Florida many years ago, and on the return trip, I actually felt myself relax when I crossed over into Kentucky. Cops in Tenn. and Ga. were legendary for their brutality to cars from "the North". Guess they were doing their bit in the "War of Northern Agression" or something...

Glad you're not spending the holiday in a little jail eating cold beans....

:mad:

....first of all, i don't know of any deciduous tree that has leaves that look like cannabis leaves. secondly, users of cannabis would not have leaves in their car since the thc is found in the flower tops, not the leaves.

i had a similar experience with florida pigs once. i was a long haired dude they loved pulling over on a daily basis. they always searched my vehicle too....i never objected. once they found an empty IBC root beer bottle in my back seat and the cop wanted to drag me in and give me a DUI. for an empty bottle of ROOT BEER. no breath test, no sobriety test....he wanted to give me a dui because he found an empty bottle in my back seat that looked like a beer bottle to him. since i don't drink alcohol, i had to supress laughter when the moron said the word dui...i had to gently inform him that the bottle was from root beer not real beer. he inspected it for a while and then looked really disappointed.

and should not be humiliated. You're braver than I would have been in your position, however. I would have been afraid they'd plant something.

As a middle-aged white woman who is not in law school, I'm dying for the opportunity to refuse to allow a search. Although the chances of my having an opportunity are low.

I was in Costco a few days ago and walking through the toy section. Some child (most likely) had gotten into a toy car and it was in the middle of the aisle. I saw an off-duty cop pushing the car off to the side. I said to him with a big smile "Whoops, looks like somebody parked illegally." He responded with a "grunt", a disgusted "yes, they did" and a scowl. It give me a chill.

Edit: typo.

truly horrible. There are some good cops out there, but it really, really bites when the bad apples turn fascist and start treating all people of color as drug smugglers, or treating all citizens as potential enemies. It's a mindset that isn't helped a bit by the increasing paramilitarization of the police forces.

I'm sorry, William. Wish I could offer more than my condolences. This is so wrong.

This stupid War on (some) Drugs has got to stop. All it is is an excuse to do even more racial profiling, get more expensive fancy military hardware for the police, and further cripple what remaining civil liberties we have. It has to stop.

In the future, when you're a circuit court judge and Trooper Benatz appears in your court, you will have your due and true justice will prevail.

And so embarrassed. This just sucks and is completely unacceptable. What a horrible way for you to start the holiday weekend. Sheesh.

I WISH I had something profound to say. I don't, sadly, but I do know that you are a smart person and it would be this country's loss to lose you. I vote for: Stay and Fight! Yes, BE the bane. I want updates on your experiences as you fight this!

I started a thread in GD to discuss the issue and posted more information about this topic.

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=104&topic_id=779451