Legal Question in Criminal Law in California

facts: driving down street police driving opposite direction looks at driver and does immediate u turn and pulls driver over. Officer comes to driver side and says your registraton is expired ." Can i see your driver license" gave him driver license."what happened with your meth case from last year ?" (it was actually 18 months ago)Driver"i did classes (pc1000 ) Officer :" do you have anything illegal with you now ?" answer: "no" Officer:" get out of car please" after getting out of car driver was patted down for weapons although things were emptied out of his pockets. Nothing illegal found. Officer" do you mind if i search your car ?"Driver: " yes i do mind , i am in a hurry and you have made me late already and i have given you no reason to search the car." Officer" if i call the dogs in and they alert me then i will search the car and if i find anything you are going to jail" Driver "i have nothing to hide "Officer"are you sure you dont have your registration?"." yes im sure i dont ,i took it out to take care of it" Officer:" i am going to look for the registration in the passenger compartment" The officer went straight to the divers side of the car and started searching the vehicle. Driver to other officer that hgad arrived" why is he searching the car when i did not give him permission" officer didnt say anything just shrugged his shoulders. Officer found very small amount of meth . in a tin which was out of sight down the side of drivers seat and a unused pipe. driver was arrested and taken to jail . Also note driver was not on probation. Was this search illegal? Did he have probable cause just because the driver had been arrested before.


Asked on 1/27/13, 4:17 pm

2 Answers from Attorneys
Karren Kenney Criminal Defense Attorney Karren Kenney

It would be interesting to see the version the cop wrote in the police report. If a motion to supress is filed, the cop will stick to the version he wrote in the report. Depending on the arresting agency, there may be audio/video of the actual stop and conversation. Have formal charges been filed in court?

http://orangecounty.criminallaw.com

Read more
Answered on 1/27/13, 4:30 pm
Terry A. Nelson Nelson & Lawless

You can bring an evidence suppression motion to challenge the probable cause for stop and search, or the use of any contraband or statements and confession. You should not be surprised to find the police reports describe in detail their suspicion and �probable cause�.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

Read more
Answered on 1/28/13, 12:12 am


Related Questions & Answers

More Criminal Law questions and answers in California