Legal Question in Criminal Law in California

Search and seizure

I was stopped by a sheriff because my registration had expired and I had warrants on my plates for unpaid tickets. He approached my car and asked for my license. I told him it was suspended and he then took me and put me in the back of his car. He then did some computer research. While doing this research a second officer came and sat in the front passenger seat. A few moments later the second officer asked me if there was anything he should know about in my car. I said no and he proceeded to search the vehicle. I asked the first officer if I was going to jail and he said ''Not necessarily''. The other officer than found some methamphetamine in my car which to this day I swear is not mine. They then came and handcuffed me and did a half hearted field test for under influence. They did not press under influence charges but did give me a felony possession. I am 36 and have never been in trouble for anything. My question is, what is probable cause and how did they search my car when I was stopped for traffic warrants and not even arrested at this point? On top of that I have to pay 5000 for a lawyer and my truck, which is my livelihood, has been impounded for 30 days.


Asked on 9/07/01, 4:24 pm

3 Answers from Attorneys
Michael Burt Diamond, Burt, & Akhkashian

Re: Search and seizure

we just handled a case almost identical to your facts... we can give you some advice to get started.... Dave 213 384 2220

Read more
Answered on 10/25/01, 5:41 pm
Victor Hobbs Victor E. Hobbs

Re: Search and seizure

At this point you don't have to worry about probable cause. The police report will show that you agreed to let the police search. And both will testify under oath that's what you agreed to.

Read more
Answered on 10/25/01, 6:44 pm
Steven Mandell Law Offices of Steven R. Mandell

Re: Search and seizure

I was stopped by a sheriff because my registration had expired and I had warrants on my plates for unpaid tickets. He approached my car and asked for my license. I told him it was suspended and he then took me and put me in the back of his car.

He most likely knew before he approached your car that your license was suspended, and when he asked you about your license, you told him you knew that it was suspended. If you're charged with "driving with a suspended license," you have made it easier for the prosecutor to convict you by admitting to the cop that you knew your license was suspended. It is an "admission." You should have chosen to remain silent on that issue, which is your greatest protection from unethical policemen. Keep that in mind if it ever happens again.

I asked the first officer if I was going to jail and he said ''Not necessarily''.

He was telling you that just to control the situation and keep you calm. My guess is that you were going to jail for the warrants which you said you had, and additionally for driving with a suspended license as well.

On top of that I have to pay 5000 for a lawyer....

Hopefully this will be the best $5000 you will have ever spent. Good luck.

Steve Mandell

Attorney at Law

Santa Monica, CA

310 393 0639

Read more
Answered on 10/26/01, 12:35 am


Related Questions & Answers

More Criminal Law questions and answers in California