Legal Question in Criminal Law in California

can someone be stopped for an alleged minor traffic offense and then have the vehicle searched without permission solely because she is the wife of a person that was arrested for drug possession 2 weeks earlier.


Asked on 1/27/13, 12:50 am

3 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

Vehicle searches must still have probable cause.. Being wife of an arrested person does not seem much like probable cause to me.

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Answered on 1/27/13, 7:18 am
Joe Dane Law Office of Joe Dane

You've asked two questions.

First - the traffic stop. They must have reasonable suspicion of "criminal activity" to stop you. A minor traffic violation, if true, would be enough.

From there - the search. They must have probable cause to search you. That means that based on the facts at the time, there must be a fair probability that evidence exists and is in the place they want to search. There are different rules for a search of the interior vs the trunk, so your attorney would have to review ALL the facts. Can they search just because your husband was arrested two weeks prior and with no other reason? I don't think so.

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Answered on 1/27/13, 8:42 am
Terry A. Nelson Nelson & Lawless

IF not arrested, your remedy is a complaint to the police department.

If arrested, you can bring an evidence suppression motion to challenge the probable cause for stop and search, or if prosecutors seek to introduce any evidence of contraband seized, or statements made, or confession obtained after arrest without first advising you of Miranda rights. You should not be surprised to find the police reports describe in detail their suspicion and �probable cause� for the stop, search and arrest.

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.

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Answered on 1/27/13, 11:54 pm


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