...compensated for the damage? The following happened in Anoka County, MN, USA.
My friend and I were going to meet another friend. I was driving. We went too far, so I pulled onto a dirt road and turned around. I was about to drive off, but a police car pulled onto the dirt road. The officer (we'll call him O1 for officer1) jumped out and stopped us. He stated that my friend threw a cigarette butt out the window, which is why he stopped us.
He asked for our information, we gave it to him. After a minute or two, he came back and asked me to step out of the vehicle. I stepped out and he started asking me questions about my past. I answered the best I could (without incriminating myself) and was courteous the entire time. I was patted down, and another officer arrived at the scene (refer to him as O2).
O1 asked me if he had permission to search the car. I stated that we were in a rush and that I DO NOT give consent to search. He went back to his car and grabbed his dog. He brought the dog around the car, but it didn't sit or bark, which means that it didn't smell anything on the car.
O2 watched me and my friend while the car was being smelled. O2 patted me down (again), and O1 patted my friend down. O1 ended up finding a pipe on my friend. O1 then told me that the pipe gave him probable cause to search the car. I again stated that "I don't consent to the search, but I can't stop you".
O1 started tearing the car apart. O2 watched me and my friend. After 20 minutes, O1 went to his car and got his K-9. He had the dog sniff all around the car, but nothing was found. O1 put the dog back. After O1 put the dog back, O1 continued the search; O2 continued to watch my friend and I; and O3 had just arrived on the scene.
O3 started helping O1 search. After a few minutes, O1 called me over and showed me a pill bottle he found. Without doing any tests, he said that he found a 1/2 pill of vicoden or oxycodone, and informed me that possession of either of them without a prescription is a felony, and because I was the driver, I was in possession. I have never seen the pill bottle before, but I didn't deny that it came from the car. He told me that if I gave him information, then he would forget about the 1/2 pill. I said that I didn't know any information. He then asked me where the "stuff" was. I said that I didn't know. After that he said to me "You don't have that [pointing to the pipe] without the stuff to go with it." I again said that I didn't know. After a moment of interrogation, I go back next to my friend and O1 started searching again. O3 is still searching the car while all of this is happening.
So, my driver's side front seat is half-broken (has been for months), and while O1 is searching he breaks it more. I told him to be careful with the seat (so it doesn't break more), and O1 responded with something along the lines of "If I break it, you going to start a civil suit?" I didn't say anything, he continued searching.
At this time I see O3 crouching down, messing with my knife (that I keep in the car), and doing something in the passenger seat, but I can't see exactly what. I try to get a look, but O2 stops me from getting closer, I didn't resist. While O1 keeps searching, O3 is still messing with my knife at the passenger's seat.
After about an hour, they finally find the "stuff" in my friend's shoe. O1 says excitedly "You're going to jail, and you're going to jail". I am put in hand-cuffs and brought to O3's car. After a few minutes O2 and O3 come to the car and try to question me. They tried to get me to talk and snitch on my friend or someone else. I refused. After more (weak) interrogation, I still don't talk. O1 leaves the scene. O2 gets me out of the car and takes my hand-cuffs off and says that "O1 had a change of heart, get in your car and go".
(During the entire stop I tell the officers that I can't afford a tow and to PLEASE let me park the car before taking me to jail. O1 said he'd think about it.)
So, I ask them what happens now. They told me that my friend was going to jail and they -might- get back to me on the "alleged" felony prescription 1/2 pill. They took down my contact info and told me to go. I asked if I could say bye to my friend first and O3 said "No, you can't kiss your boyfriend goodbye". We are both male, and I found this comment to be VERY inappropriate for a police officer to say to ANYONE, weather they are gay or straight.
I got back to the car, and saw that it was an absolute mess. That's OK, it can be cleaned up.
What wasn't OK was that while O3 was searching and messing with my knife, he pried open and COMPLETELY, IRREPARABLY damaged 4 items consisting of:
$40 "shake" flashlight
$80 PSP/iPod speakers
$60 Electronic Cigarette Kit
$150 Radio Faceplate
My PSP was also damaged and pried apart. I was able to fix my PSP, but there is still a HUGE gouge/scratch in the screen and I still can't find my battery cover.
Not
Not only were those items damaged and in pieces, I had at least 15 condiment packets (ketchup, mustard, ect) pierced and leaking all over the car. I don't care about the stains (older car), but still, who wants to clean that up?
So after all of this, I am now home and typing this. While they did let me go, they didn't have to break my things! I was VERY courteous to them and followed all of their orders. The only thing I did that made them mad was that I knew my rights, exercised them, and stood up for them.
Now for the question: Can I be compensated for the unnecessary damages to my property and vehicle, even though something illegal was found on a passenger (not driver) of the car?
My friend and I were going to meet another friend. I was driving. We went too far, so I pulled onto a dirt road and turned around. I was about to drive off, but a police car pulled onto the dirt road. The officer (we'll call him O1 for officer1) jumped out and stopped us. He stated that my friend threw a cigarette butt out the window, which is why he stopped us.
He asked for our information, we gave it to him. After a minute or two, he came back and asked me to step out of the vehicle. I stepped out and he started asking me questions about my past. I answered the best I could (without incriminating myself) and was courteous the entire time. I was patted down, and another officer arrived at the scene (refer to him as O2).
O1 asked me if he had permission to search the car. I stated that we were in a rush and that I DO NOT give consent to search. He went back to his car and grabbed his dog. He brought the dog around the car, but it didn't sit or bark, which means that it didn't smell anything on the car.
O2 watched me and my friend while the car was being smelled. O2 patted me down (again), and O1 patted my friend down. O1 ended up finding a pipe on my friend. O1 then told me that the pipe gave him probable cause to search the car. I again stated that "I don't consent to the search, but I can't stop you".
O1 started tearing the car apart. O2 watched me and my friend. After 20 minutes, O1 went to his car and got his K-9. He had the dog sniff all around the car, but nothing was found. O1 put the dog back. After O1 put the dog back, O1 continued the search; O2 continued to watch my friend and I; and O3 had just arrived on the scene.
O3 started helping O1 search. After a few minutes, O1 called me over and showed me a pill bottle he found. Without doing any tests, he said that he found a 1/2 pill of vicoden or oxycodone, and informed me that possession of either of them without a prescription is a felony, and because I was the driver, I was in possession. I have never seen the pill bottle before, but I didn't deny that it came from the car. He told me that if I gave him information, then he would forget about the 1/2 pill. I said that I didn't know any information. He then asked me where the "stuff" was. I said that I didn't know. After that he said to me "You don't have that [pointing to the pipe] without the stuff to go with it." I again said that I didn't know. After a moment of interrogation, I go back next to my friend and O1 started searching again. O3 is still searching the car while all of this is happening.
So, my driver's side front seat is half-broken (has been for months), and while O1 is searching he breaks it more. I told him to be careful with the seat (so it doesn't break more), and O1 responded with something along the lines of "If I break it, you going to start a civil suit?" I didn't say anything, he continued searching.
At this time I see O3 crouching down, messing with my knife (that I keep in the car), and doing something in the passenger seat, but I can't see exactly what. I try to get a look, but O2 stops me from getting closer, I didn't resist. While O1 keeps searching, O3 is still messing with my knife at the passenger's seat.
After about an hour, they finally find the "stuff" in my friend's shoe. O1 says excitedly "You're going to jail, and you're going to jail". I am put in hand-cuffs and brought to O3's car. After a few minutes O2 and O3 come to the car and try to question me. They tried to get me to talk and snitch on my friend or someone else. I refused. After more (weak) interrogation, I still don't talk. O1 leaves the scene. O2 gets me out of the car and takes my hand-cuffs off and says that "O1 had a change of heart, get in your car and go".
(During the entire stop I tell the officers that I can't afford a tow and to PLEASE let me park the car before taking me to jail. O1 said he'd think about it.)
So, I ask them what happens now. They told me that my friend was going to jail and they -might- get back to me on the "alleged" felony prescription 1/2 pill. They took down my contact info and told me to go. I asked if I could say bye to my friend first and O3 said "No, you can't kiss your boyfriend goodbye". We are both male, and I found this comment to be VERY inappropriate for a police officer to say to ANYONE, weather they are gay or straight.
I got back to the car, and saw that it was an absolute mess. That's OK, it can be cleaned up.
What wasn't OK was that while O3 was searching and messing with my knife, he pried open and COMPLETELY, IRREPARABLY damaged 4 items consisting of:
$40 "shake" flashlight
$80 PSP/iPod speakers
$60 Electronic Cigarette Kit
$150 Radio Faceplate
My PSP was also damaged and pried apart. I was able to fix my PSP, but there is still a HUGE gouge/scratch in the screen and I still can't find my battery cover.
Not
Not only were those items damaged and in pieces, I had at least 15 condiment packets (ketchup, mustard, ect) pierced and leaking all over the car. I don't care about the stains (older car), but still, who wants to clean that up?
So after all of this, I am now home and typing this. While they did let me go, they didn't have to break my things! I was VERY courteous to them and followed all of their orders. The only thing I did that made them mad was that I knew my rights, exercised them, and stood up for them.
Now for the question: Can I be compensated for the unnecessary damages to my property and vehicle, even though something illegal was found on a passenger (not driver) of the car?