Legal Question in Criminal Law in California

We live in Sacramento, California. My boyfriend was arrested a few weeks ago. He was visiting a friend of ours in the bay area and was just about to head home. He went out to the car ahead of his cousin and was waiting for the cousin in his car. The engine was off, lights were off, music was on, he had his windows down, and was playing on his cell phone. An officer came up to the car and asked him for his license and registration, which he provided. Everything was current. The officer asked him to step out of the car while he searched it. He is an idiot as i always tell him because he is one of those guys who is for legal gun carrying. He does not however have a license to carry one, but it was in his car. He was arrested. Prior to the search he asked the officer why he was searching him & asking for his license when the car wasn't even on & the officer replied that "he was driving an X-type Jaguar." He continued to tell him that those kinds of cars are very common in that particular area for belonging to drug dealers. This sounds like profiling. Either of the car or of the boyfriend, i do not know. Is that a legal reason when he was just sitting in the car with the engine off?

Asked on 7/31/12, 11:22 pm

3 Answers from Attorneys

Joshua Hale Hale Law Group

It very well may be profiling. It will also depend what the police report states. You should get counsel for your boyfriend.

Call me should you have any questions, I handle these matters all over CA.

Joshua Hale

619 663 9384

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Answered on 7/31/12, 11:59 pm

Anthony Roach Law Office of Anthony A. Roach

Those are all good concerns, and should be brought to your boyfriend's attorney. That attorney can make the decision whether or not to file a motion to suppress.

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Answered on 8/01/12, 12:58 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

Without the police report it's hard to give you much advice other than it seems like he has some strong issues. I'm a San Francisco attorney and I'd be happy to review the police report for you.

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Answered on 8/01/12, 5:00 pm

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