Legal Question in Constitutional Law in California

Illegal Search and Seizure

A freind was driving my car in Simi Valley. We were pulled over due to a non-functioning tail-light. The driver had a warrant and was arrested. Since the car was mine, they were not going to impound it. Without my permission, they searched the car and subsequently found drugs. Isn't this illegal search & seizure? Can they use the evidence found in court in order to prosecute me? There was no drugs visable to cops. In fact, they called for a dog to sniff it out.


Asked on 11/30/05, 9:39 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Illegal Search and Seizure

The seizure was the act of pulling you over, which sounds legal based on the broken tail light. I might see things differently with more facts, but nothing you have written suggests that there is any problem with the seizure.

I would need more facts before I could say whether the subsequent search was legal. For example, did the police just look through the windows, or did they actually start going through the car's contents? Were either you or your friend on probation? Did your friend authorize the search? If so, did the police know the car belonged to you and not to him?

There are probably a lot of other questions I could ask, and the answers would probably lead to more questions. The few facts you have given really don't reveal enough to support an answer one way or the other.

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Answered on 11/30/05, 4:41 pm


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