Legal Question in Discrimination Law in California

According to the 4th amendment, a police cannot search you if they have no search warrant or probable cause. If a police officer searches you, but they are only searching you for your race and they find something on you, can they arrest you?


Asked on 10/01/09, 7:46 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Anyone CAN do anything they like. Whether they should or not is a different question. Whether you can do anything about is also a different question. Just look around and see how many crimes are committed by people who CAN do things that are 'against the law'. Now if you were arrested, and have any credible and provable defenses and facts, your attorney will use them in various evidence suppression or dismissal motions, in negotiating a plea bargain, or at trial. Simply claiming 'race' as the cause is not evidence nor credible without witnesses or other evidence to support the contention. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me.

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Answered on 10/01/09, 9:02 pm


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