You could watch my video on YouTube by going to
http://www.youtube.com/watch?v=eK7mOwbnBU4 and please read my explanation below. Frankly speaking this was my first video and I made some mistakes in production but was in a rush to get it out there. The fact remains that I feel I was searched on a traffic stop unreasonably and I VERY clearly told the officer I didn't consent to ANY searches. I'd happily pay a reasonable amount of money to have this case looked into but am not really sure what the law is or if I have a case. I guess right now I'm looking for suggestions. Let me know.
Here's what happened at 3:00PM on 4/12/2008, the video says the 13th but I made a mistake.:
I rode up to a posted "Police Checkpoint" on April 12th 2008 and was asked to pull over to the middle of the road and to get my documents ready.
The officer said he pulled me over because my front license plate was in the windshield and not on the front bumper and because of an air freshener hung from my rearview mirror.
I handed the officer my documents and explained that the insurance card had lapsed but the policy number was correct and could be verified in good standing. Officer Osborne did verify my insurance with my insurer before letting me leave.
The officer then stated that he smelled the odor of marijuana and started questioning me. I told him I don't smoke and don't carry marijuana. The officer persisted and then said, [Do you mind if I search your car?] My response was "I do not consent to any searches." He asked again and my response was the same. He then proceeded to tell me that he'd be back in a moment and I would have to step out of the car on his return. I asked him, Does that mean you are going to search my car anyway, even though I don't consent? To which he replied yes. His partner then came over to establish what was going on. I explained that Osborne claimed he smelled something and then I told that officer clearly and multiple times that, "I do not consent to any searches."
When officer Osborne returned he proceeded to search me emptying my pockets and checking me thoroughly for contraband. He didn't find anything. Then he started searching the front seat of the car. He did not check the back seat or trunk.
The end result is that he searched my car and didn't find anything. I told the officer several times I felt my rights had been violated. This is not the first time this has happened to me. I've familiarized myself very well with the pamphlets handed out by the ACLU so I felt I knew how to exercise my rights but officer Osborne was going to do what he wanted anyway.
What came next was a clean break by officer Osborne. In spite of my out of date documents, a suspended registration, the un-mounted license plate, and the air freshener; I did not receive a single summons.
I did call the Upper Saddle River PD and I did speak with a Lt. Mulvey (it says Sgt. on their web site, was he promoted or was I lied to?) in regard to Officer Osborne's behavior. He seemed initially outraged but after speaking to the officers he changed his tune. He said he would re-educate his officers about proper procedure. However, he did go out of his way to say that [The officer claimed to have smelled burning marijuana and NJ law says thats probable cause for a search.]
I disagree that there could have been any type of smell coming from my car. As I pointed out and Pft. Osborne pointed out, there's an air freshener in my car and I had been driving around with my sunroof open all day getting ready to leave for China. I feel my rights were violated and after many days of obsessing over it I've decided I cannot just let this go.
http://www.youtube.com/watch?v=eK7mOwbnBU4
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