Legal Question in Criminal Law in California

I was pulled over in San Bernadino County for my veh tags not being current. I had a 2day permit allowing to drive my veh and presented it to the officer . I explained that my registration is not complete due to requiring smog pass but that i had the permit to be able to drive. The person I had in my veh had a warrant that i was unaware of and had in their possession a glass pipe. This friend was scared and upset that I was driving with expired tags and didn't let them know. They were worried that the officers would find out about their warrant , search , and find the pipe. Under the assumption that there was nothing to be concerned about because I had all veh paper work (insurance, registration info, temp moving permit, and clean valid driver license) and I had a clean record, I had told them to hand me the pipe because there was no reason for the officers to want to do anything more than verify my dmv info and license. The officer went to run my info and came back to my veh requesting me to step out. I did so willingly. I asked it there was a problem with my info and the officer stated no. Having put on latex gloves and asking me to turn around for pat down the officer asked me if i had anything on my possession that he should know about b4 search . Knowing it was in my front jean pocket i admitted to him that i had a pipe and he removed it. I was sited for possession of drug paraphernalia hs 113646. Was this a legal seach and seizure? What's the best outcome possible for me? Thanks for you assistance.


Asked on 3/04/12, 10:46 am

4 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Possibly yes, because you a) decided to put Your Friend's pipe in your pocket and b) you then decided to blab about it to the cops. But all things can be contested in court. Call me if you would like to discuss affordable representation.

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Answered on 3/04/12, 11:40 am
Anthony Roach Law Office of Anthony A. Roach

I believed your story right up to the part where you took a glass pipe and put it in your pocket. If things were going well with a routine traffic stop, why did you put a glass pipe in your pocket?

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Answered on 3/04/12, 1:22 pm
Terry A. Nelson Nelson & Lawless

Legal?? Of course. There is no such thing as an �illegal� arrest or search. Whether you can be successfully charged or convicted is a different question. You have an evidence suppression argument. You will be surprised to find how detailed the police report is concerning their suspicion and probable cause for search, including observing you making furtive motions between passengers.

The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, testimony, priors history, etc.

You�ll learn the actual charge[s] and enhancements filed and get copies of all the police reports, evidence and test results when appearing for arraignment at the first court hearing. The prosecutors can amend at any time they believe they can prove additional or different charges. The charges determine how much �time� and fines could potentially be imposed if convicted.

Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, feel free to contact me. I�ll be happy to help, using whatever defenses there may be.

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Answered on 3/04/12, 4:27 pm


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