Legal Question in Constitutional Law in California

unlawfull arrest to search

waiting for my boyfriend to use atm (in parkinglot) A Sherrif pulled in behind our car approached my window asked me if i had any illigal drugs or weapons i said no he asked if that was my purse on floor could he search it i said no! boyfriend walks up officer recognized him pulled him over several times (not even a ticket)

officer asks him if he can search car he says yes, igo to get out of car and take my purse he tells me to leave it in the car.i told boyfriend dont let him search drugs in my purse boyfriend says he cannot search,officer places him under arrest for suspition of under influence.im arrested after search of car with purse for felony, boyfriends charges dissmissed. is that search incedent to an unlawfull arrest


Asked on 4/25/03, 1:52 am

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: unlawfull arrest to search

from the facts given so far, its hard to ascertain your rights completely thus far. a police officer has the right to briefly detain you and make a limited search of your automobile, and the contents within the passenger compartment of the car, if the stop was due to any form of "reaonable suspicion" by the officer. you may or may not have a reasonable expectation of privacy within the confines of your own purse under the totality of the circumstances within the brief fact pattern you submitted so far. if you can email me directly with more information, from start to finish of your arrest, as long as what was found in your purse, and what you are being charged with now, i may be able to further assist you legally in this unfortunate matter.

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Answered on 4/25/03, 3:18 pm


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