Businessman upset about Tampa Police search of his truck

[Forever_frost]

http://www.wfla.com/story/25708413/businessman-upset-about-tampa-police-search-of-his-truck

“You think if anyone is going to break into your vehicle in Ybor, the last person you think, it’s going to be the cops.”

Matthew Heller didn’t know what to think when he found his truck ransacked and torn apart after leaving a concert in Ybor in February. Then, he found a note.

“There’s a little note left on a 2x3 piece of paper,” said Heller.

The note read “Sir, your car was checked by TPD K-9. The vehicle was searched for marijuana due to a strong odor coming from the passenger side of the vehicle. Any questions call Cpl Fanning.”

TPD found no drugs in Heller’s truck. He was never charged or even questioned.

“It was all sealed up, a parked vehicle in a private parking lot for a hip hop concert in Ybor. There were all kinds of smells, everywhere around here,” said Heller.

Heller says he wasn’t upset about the fact that police searched his truck, but that they broke in and damaged his vehicle.

“Disgusted, I’ve got my whole life savings in this truck. It’s like a marketing tool for my business to promote the air horns and everything. The horns weren’t working, all the electronics were ripped out,” said Heller.

News Channel 8 reached out to TPD to ask about the search and we were told by email, "While the search is legal, it is not typical. The Tampa Police Department is now reviewing the specifics of this investigation."

Heller said he and his attorney have asked TPD for documentation of the search but he has not heard back. While TPD claims the search was legal, attorney Bryant Camareno doesn’t agree.

“It’s an illegal search,” Camareno said. “Usually if it’s some kind of unoccupied vehicle there has to be some level of exigent circumstance to justify searching a vehicle without a search warrant. Exigent could mean if there is a dead body inside, if there is a screaming child locked in the car, a dog but if the car is unoccupied there is no exigency to justify the search.”

“I am out for the damages and my time but mostly I’m scratching my head and kind of confused with everything. I had no clue this was something that could happen,”said Heller.

Copyright 2014 WFLA. All rights reserved.

[talisman]

*obligatory complaining post*

[kingjason]

I have seen this before somewhere.

Some Bitch! I think I just read it online and thought about posting it here ahead of Frost.

[Baron Von Crowder]

I have seen this before somewhere.

Where at Cheech? Drug School?

[kingjason]

Where at Cheech? Drug School?

Over some weed? Negative! Maybe it's in another forum somewhere. There's just so many I can't remember.

[Forever_frost]

How is it legal to break into a vehicle and rifle through it without a warrant when there is no one around?

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seize"

[matts5.0]

How is it legal to break into a vehicle and rifle through it without a warrant when there is no one around?

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seize"

you still think the constitution matters any more?

[Forever_frost]

I really do unfortunately

[dcs13]

How is it legal to break into a vehicle and rifle through it without a warrant when there is no one around?
"

Read here:

http://uscivilliberties.org/cases/3308-carroll-v-united-states-267-us-132-1925.html

cliff's : Chief Justice Taft, for the majority, was untroubled by the fact that the officers did not have a warrant. Automobiles, unlike ‘‘a store, dwelling house, or other structure,’’ are readily mobile, and ‘‘it is not practicable to secure a warrant, because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought.’’

[YALE]

How is it legal to break into a vehicle and rifle through it without a warrant when there is no one around?

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seize"

The constitution doesn't tell you what your rights are, or what a state government can or can't do.

[John -- '02 HAWK]

I'm surprised they left note, and latter admitted to it.

I mean how easy would it be for a burger to write some note after ransacking a vehicle. TPD detected money in you car so we removed the GPS, radar detector, and radio so we could sell them at the pawn shop

[GrayStangGT]

I mean how easy would it be for a burger to write some note after ransacking a vehicle.

Their calling card could be smearing mustard and pickles on the windshield

[TRAILBLAZER]

Their calling card could be smearing mustard and pickles on the windshield

[2011GT]

I'm surprised they left note, and latter admitted to it.

I mean how easy would it be for a burger to write some note after ransacking a vehicle. TPD detected money in you car so we removed the GPS, radar detector, and radio so we could sell them at the pawn shop

[Forever_frost]

The constitution doesn't tell you what your rights are, or what a state government can or can't do.

Actually, if you go with incorporation, then it can do just that. Not only state but local and county as well. Are you an incorporated mind or unincorporated? I know what the constitution says but I can answer you based on your response