Vehicle searched without consent. No reasonable suspicion/probable cause

[pmaxum]

Hello, first off I would like to thank everyone for taking the time to read my thread and possibly offering some advice.

On my way home from the local gas station I was pulled over due to a broken tail light. The officer went through the normal routine, asking for my license/registration and where I was coming from. He then asked me if he could search my car to which I stated that I do not consent to searches.

After asking me several times why he could not search my car he ordered me and my passenger out of the car, frisked us and had us sit on the curb until another officer arrived and searched my vehicle. After searching my vehicle and finding nothing I was free to go, let off with a warning for my broken tail light.

There was absolutely no contraband in plain sight, nor was there any questionable smells emitting from the vehicle. I do not believe the search was lawful.

I have two questions:
(1) Is there something I missed in regards to reasonable suspicion/probable cause that allowed the officer to lawfully search my vehicle?
(2) Is there any sort of action I can take (besides filing a complaint) against said officer?

After the officer searched my vehicle & found nothing he stated that 9/10 of the times people don't consent to searches there is some contraband in the vehicle. I feel as though the officer used my refusal to allow the search as reasonable suspicion to perform the search.

Also, I feel (just a hunch) that if the search was lawful the officer would have written me a citation for my broken tail light but didn't because perhaps he did not want to escalate the incident, knowing that he performed an unlawful search. I believe this because the officer in question was part of the gang unit.

Although no contraband was found and I was let off with a warning I believe the officer acted unconstitutionally and am very determined to press the matter so that the officer receives the proper punishment.

Anyways, thanks for reading my thread and if you are able to answer my questions or offer any advice I would be extremely grateful.

[Cahoonzie]

Mr Maxum: You missed something sir. The fact that your tail light was out, PUT YOU IN AUTOMATIC VIOLATION OF THE LAW. Therefore, the officer also had "automatic" probable cause to stop (not arrest) you. You should have continually asked "Officer, am I free to leave?".

As to the search, the officer was attempting to develop reasonable suspicion to search. There are a bunch of details missing. For instance, if you attempt to take this to court, you might discover there was a robbery in the local area with a car fitting your description in which case the officer was correct. You just don't know. Since you were not arrested. Don't bother spending a bunch of bucks. Just chalk it up as a life experience.

[Cahoonzie]

Petra: With minimum details available, I will give you general information. Your friend was allegedly swerving. The police stopped (detained) her. She passed a sobriety test (for alcohol). Still, there must have been a reason for swirving as reasonably believed by the officer would require further inquiry.

Since the car was swirving, the officer must eliminate the causes. Since he eliminated alcohol, the next step is to eliminate the possibility of drugs. Now coupled with exigent circumstances (the car is mobile), the officer does have probable cause to search for drugs (or a weapon). The fact that they did find an open container of alcohol and illegal prescription confirms PC.

[bobnyc]

I must say that "Cahoonzie" give you already great answer. There is so many potentially missing pieces of complete story or not discovered details here. You have nothing to hide, but what if someone do robbery in local store or else. My advice is to not spend your precious time or money on "what if?". We all know that officers are here to protect us from criminals and save us from all other bunch of stuffs that we even can imagine. That was probably just bad day for you and for officer. We all have couple of this kind of days every year. You did everything what he asked and left without ticket for light, so everything pass well. Forget all and enjoy.