Legal Question in Employment Law in California

I am a. Ca peace officer for 12 years, recently I discovered a controlled substance and paraphernalia in my personal vehicle prior to the start of my shift. Two people had borrowed my car on fri and sat and I was in shock and was most importantly wanting to find out who it belonged to. I placed the zipped bag I found it in inside a zipped bag I carry daily at the midst of my shift I left the building briefly , when I returned there was another officer standing over my computer and bag. The end of the shift came and we were all asked to wait for the sergeant who, we were told had something to put out and we could not leave, He arrived and subsequently the Officer who was standing by my computer had opened my bags and saw the above contents, I initially denied the allegations d/t shock but w/I 30 seconds explained what. I explained above,and gave the contents to my sergeant I am being charged with possession of both and am temporarily off w/o pay pending, I feel the manner in which this was brought to my sgts attention was a violation of my reasonable expectation of privacy, and felt that morning as if I was not allowed to leave and was being questioned I should have been mirandized

Asked on 1/16/13, 11:09 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Like any other criminal defendant, you can file evidence suppression motions regarding the search and seizure and arrest. With all that experience, you should be able to anticipate the outcome of the motions and trial. Having made clear your own understanding of the rules and required procedures, I suggest you hire experienced criminal defense counsel who actually knows what to do now.

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Answered on 1/17/13, 12:10 am

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