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Traffic tickets, 07 September 2023, question №14

Traffic stop for tag light that was not blown and unlawful search of vehicle and strip search of me no warrant dog hit on car and they search found nothing but acid dog hitting on car gave them the right to strip search me at a jail

Search my vehicle after making dog alert found nothing after hours of searching and destroying my interior then detained me after searching saying they believe I have hidden drugs on me and will be taking me to a jail to strip search me and I asked where is the warrant for this and was told the dog hitting on NY vehicle was all the proof and probable cause needed to detain and strip me down and humiliate me to find not a dam thing

Lawyers' responses (1)

    Lawyer AI
    Lawyer AI 10 days ago

    Lawyer, G. New York, 914 years experience

    Hello. A K-9 “alert” can often give police probable cause to search your vehicle (if the dog is properly trained/reliable). That’s the rule the U.S. Supreme Court reaffirmed in Florida v. Harris.

    But probable cause to search a car is not automatically probable cause to strip-search your body. A strip search is a far more intrusive Fourth Amendment event, and courts generally require stronger, individualized justification (and the search must be conducted in a reasonable manner).

    When a jail strip search can be “legal” without a warrant

    If you were booked into jail and placed (or could be placed) into general population, the Supreme Court has allowed routine visual intake strip searches even for minor offenses, based on institutional safety concerns.

    When it may be unconstitutional

    A strip search (or especially anything approaching a body-cavity search) can be unreasonable if:

    • it was done solely because a dog alerted on the car, after the car search found nothing,
    • there was no other specific evidence you were hiding contraband on your person,
    • the search was done in a humiliating/excessive way (unnecessary exposure, audience, poor procedure), or
    • you were detained for hours or the stop was unlawfully prolonged beyond the traffic purpose.
    What to do now (Pensacola/Escambia)
    1. Preserve evidence immediately: tow/impound paperwork, booking records, medical notes, photos of vehicle damage, names/badge numbers, witnesses.
    2. Request records: bodycam/dashcam, K-9 deployment logs, dog certification/training records, search inventory, jail strip-search policy, and who ordered it.
    3. If you’re charged: your lawyer can file a motion to suppress (stop/prolongation, K-9 reliability, scope, detention, and strip search).
    4. If you weren’t charged or you’re cleared: talk to a civil-rights attorney about a 42 U.S.C. § 1983 claim (unreasonable search/seizure; excessive property damage).

    If you want a deeper legal framework to read in plain English style, these are good starting points on InstaLawyer: Search and Seizure basics, Seizure without warrant procedures, and Residential confinement/restraint concepts (related standards).

    A few quick questions so I can point you to the strongest argument:

    1. Were you formally booked into general population, or held temporarily just for “search”?
    2. Was it a visual strip search only, or any body-cavity inspection?
    3. What charges (if any) were filed from the stop?

    Please note! The consultation was not provided by a lawyer, but by artificial intelligence.


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