Legal Question in Criminal Law in California

On Jan. 7th, 2009 I was pulled over under the suspicion of mail theft from a community mail box in an unlit public place. A suspended license led to a pat down search where drugs and parafenalia were found in my posession. I lived in the area, had a key for box, had a stack of mail, came from out of town when I followed officer into the neighborhood with no other traffic at 230 am. As I closed shut the box I noticed officer was parked at a red curb with no stop sign appx. 50 feet away. He did not use his spotlight and proceeded to follow me until he pulled me over 3 blocks away. He said he was briefed recently on mail theft in the area and when asked on witness stand he explained the area was the entire city. He pointed me out as the man in the brown shirt in question, when my shirt was clearly red. I posted bail and recieved 2 postponedments by the DA and the municipal court before my arraignment date was set.in mid April. My next date for Superior court is Oct. 27th for pre-trial. Did the officer have a reasonable belief of crime to form justifiable cause to pull me over and pat me down? Is the evidence of blood given and products retrieved admissable? I don't feel confident in my public defender and they so far have used four for me. I dont know what to do.


Asked on 10/22/09, 4:53 pm

3 Answers from Attorneys
Gary Polston The Law Office of Gary M. Polston

I believe you may have very good facts to argue that there was no Probable Cause for your search. However, that alone will not help you. It needs to be argued to the Court under the appropriate motions.

If you do not have confidence in your current attorney (the public defender), I would advise you to contact an attorney in your area to handle your case.

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Answered on 10/22/09, 5:30 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

I need to see the discovery to give you an opinion. Contact me directly.

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Answered on 10/22/09, 6:31 pm
Juan Dotson Law Office of Juan F. Dotson

You have facts to argue the police violated your rights by conducting an unreasonable search and seizure. A suppression motion pursuant to PC 1538.5, among other motions, may be warranted. Assume that the officer has had training on what to write and say in court to justify a detention. An attorney that has reviewed your discovery (the public defender) would be in a better position to give you an accurate opinion. Sometimes suppression motions are run before trial and some times during trial.

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Answered on 10/22/09, 9:28 pm


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