Legal Question in Civil Rights Law in California
i was stopped in a grocery store parking lot by an officer i was told to get back in the car and asked for my licence i showed my licence to the officer and he said my viechle was expired by eight months i explained to him i just bought the viechle three days ago when he asked me if he could search my truck i said no he explained that if i did not let him search my truck he was going to any way . i am not on probation or parole i do not have any drug related charges or felonies there was no probable cause for him to search my viechle and he did any way what are my rights on this as a result of the search i am now looking at felony charges please advise me on what constitues a search and do our rights stand or are they just bull.and we have no rights
2 Answers from Attorneys
A vehicle search is an exception to the Right of Privacy. You may want to check with a criminal defense atty, as there may be still a requirement that there be some suspcision that criminal activity is afoot. Your damages do not justify any lawsuit as your damages do not amount to much.
You claim your rights were violated. What can you do? Defend the charges. Go to court, enter a not guilty plea if appropriate, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does. If serious about doing so, feel free to contact me.
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