Legal Question in Civil Rights Law in California

i was stopped about 7 pm on jan 31 2012 walking to the corner store i noticed the sheriffs were arresting someone as i was walking by about 200 yards up the road i heard a car pull up behind me so i turn to see who it was as i turned i saw the two sheriffs jumping out and they asked who i was whats my name i was shocked that they even stopped so i told them my name and showed them my id then one them asked if they could search me and i told him for what I've done nothing wrong and i don't have time i'm kinda in a hurry at that point he asks me when was the last time i had used meth he then tells me that my pupils are big and said he wants to perform a sobriety test long story short i was arrested for possession of a controlled substance and under the influence of a controlled substance


Asked on 3/06/12, 8:34 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

What is the question? If the arrest of the other person was for the sale or possession of drugs and you walked near to or pass the incident scene and had abnormal sized pupils, etc., there probably was probable cause to stop and search you. You do not say whether you did have drugs on you; if you did, it will be difficult to show the police did not have probable cause. I assume you have a private attorney or public defender representing you on the criminal charge and they would know the criminal law better than I.

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Answered on 3/07/12, 8:59 am


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