by sayre » Thu Mar 15, 2012 6:02 pm
In June of 2011 in Indianapolis, Indiana I was pulled over. It started when I was in my car, and I saw my roommate's brother. He asked me if I was going back to my apartment, I said yes, and he handed me some cash to go get food. I pull out of the gas station where I saw him, and started on my way to the CVS, right next door to the gas station. I see a police officer behind me, and he turns his lights on. I pulled over to the CVS parking lot, and he got out of his car. "Are there any guns or drugs in your car?" was the first thing he asked me. I just told him "You aren't searching my car." He brought a drug dog out, it sniffed around a bit. He said "The dog smells something, that's just cause." He goes into my car and finds my gun. I had a permit, I just hadn't brought it with me. He puts me in handcuffs and in his car. Now, my roommate comes WITH my permit, the cop says "I'm gonna meet quota this month, we're taking him in anyway." So I sit in jail for 4 days for a gun charge. In court, the cop tells the judge he pulled me over for not signaling before pulling into CVS. He told her it was a routine traffic stop. The judge decided in my favor and said a traffic stop doesn't warrant the search of a car, and a K-9 wouldn't have smelled a gun to begin with, and there no drugs found in my car. Period. Can I sue the state or the officer for false arrest or wrongful imprisonment?