Legal Question in Criminal Law in California

Re: Possession of Marijuana

You're asking several questions in one.

Let's talk about the search first. I assume you were pulled over and arrested by the Orange County Sheriff's Department down in SJC. That fact alone leads me to believe you may have a good motion to suppress the evidence against you. Can they ask if you're on probation? Yes. The fact that you had been arrested in the past isn't valid reason to search by itself.

They must have a valid reason to stop you in the first place, then valid probable cause to search the car.

I practice almost exclusively in Orange County. Let me know if you want to discuss your case further.

Re: Possession of Marijuana

You've been through the system before. You should understand police can ask anything they like. You can't lie, but never have to answer and incriminate yourself, nor do you have to give consent to search. If you're serious about defending yourself and raising the issues of improper stop, search and seizure, feel free to contact me. You may be able to get 'diversion' instead of conviction and time. With 10 years clean, there should be no issue of probation violation.