Man’s car illegally searched by police while he attended a concert

WFLA News Channel 8

TAMPA, FL– Matthew Heller was attending a hip hop concert last February when his truck was broken into and his equipment was destroyed. The perpetrators weren’t thieves in the traditional sense. The police had ransacked Heller’s car without a search warrant, but left behind a note explaining their actions.

“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.”

Heller had more than a few questions for the police. His air horns, the foundation of his business, were torn apart during the search for nonexistent drugs.

“I’ve got my whole life savings in this truck,” Heller told WFLA. “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.”

The Tampa police claim they have the legal authority to search vehicles without a warrant, but say Heller’s case is atypical, and that they are reviewing the incident.

Bryant Camareno, Heller’s attorney, says the cops violated the fourth amendment by targeting his client’s truck. “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.”

[about_faith]

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