Legal Question in Civil Rights Law in California

illlegal unlawfull search

can i go to court and win a case that was charged against me for under the influence. blood was drawn against my will and consent?


Asked on 7/26/07, 9:57 am

2 Answers from Attorneys

Michael Meyer Law Ofc. Of Michael J. Meyer

Re: illlegal unlawfull search

Your consent is implied.

On whether you can have suppress the evidence because it was taken by force, the courts have said that force is okay, so long as it is not "excessive."

In one case, six or so police officers held down a defendant and another jammed a needle in his arm. The court said this was close, but not excessive.

If your case involved less force than that, it's going to be a tough sell.

Good luck.

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Answered on 7/26/07, 1:12 pm
Terry A. Nelson Nelson & Lawless

Re: illlegal unlawfull search

Sure you can. IF you have credible witnesses and facts that raise a valid defense to the charges, and if they are presented correctly and effectively at trial and the hearings leading up to trial. If you do have them, you are unlikely to succeed pro per, since you don't know how to conduct a proper legal defense; you having to ask the question makes clear you need help and guidance. Lawyers are trained and experienced in these procedures, are you? I suggest you consult with competent local counsel, unless you like the taste of jail food.

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Answered on 7/26/07, 1:38 pm


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