Legal Question in Criminal Law in California

The same cop that arrested me a couple weeks ago for possession of narcotics is now stopping me and searching me every time he sees me. once I was on

the payphone and the other time walking to the store. can he do this ?


Asked on 7/03/13, 4:08 pm

1 Answer from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

Assuming you are not on parole or probation, the officer may not stop and frisk you unless he has a reasonable suspicion that you have contraband on you. Your best response is a) to refuse to talk to him and b) tell him each time he attempts to search you that you do not consent to the search. Of course knowing that he may illegally search you, you should not have any drugs on you or in your residence or in your car at any time. Since he arrested you, I assume you have a lawyer. If not you should get one and talk to your lawyer about this. While the search may be illegal all that really means is that it may be excluded in a criminal case. You should keep a record of each time the officer stops you or searches you. Then you can talk to a civil attorney about a law suit but unless it is extremely outrageous do not expect many civil attorneys to take your case.

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Answered on 7/03/13, 10:48 pm


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