Legal Question in Civil Rights Law in California

Can a California Police officer pull me aside and search my backpack? I was visiting a friend in Santa Barbara and had just arrived. Me and my friends parked the car and started walking the very very short walk to his house. Halfway there a police officer pulls us aside tells us to sit on the curb and proceeds to open up all three of our bags. He finds a couple bottles of champagne (closed) and a bottle of whiskey with some missing (seal was broken). Well I got an open container citation which is a misdemeanor, and just feel that it was all very unfair. I can't believe that there is no rule about this. We were all sober, and over 21, no containers were visible, and they definitely did not see us get out of the car either. Am I just screwed here or was this guy out of line? How else are you supposed to bring drinks to your friends party? In a gun safe?


Asked on 5/06/12, 12:36 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

CAN he...? Yes. He DID, didn't he.

Can what he found be used against you in court to convict? That depends upon the outcome of evidence suppression motions, among other things. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, charge reduction, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

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Answered on 5/06/12, 2:50 pm


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