Legal Question in Discrimination Law in California

i was searched and found with tobacco products. the police conducted a search because i am a 17 year old college student who was with two truant high school students. in your oppinion is that a unreasonable search?


Asked on 9/16/11, 1:59 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

My opinion doesn't count. Only the judge's will, in response to a timely and proper evidence suppression motion. Your problem is that police may conduct a search for weapons, to protect themselves, upon any 'stop' for cause. Contraband found in that search can be the basis for criminal charges, like yours. Whether it can be suppressed is your question. The lesson you should learn from this is to choose your companions and locations better - being in the 'wrong place at the wrong time' got you this trouble.

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, and can you be convicted, and what can you do? While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. If you don't know how to do so 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, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help you, using whatever defenses there may be.

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Answered on 9/16/11, 2:19 pm


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