Legal Question in Criminal Law in California
On 5/11 I was pulled over for supposedly having a bad headlight (lie) and an expired registration (lie). I had just purchased the car @ 8 hours earlier and after doing so immediately had it smogged and registered--the 2012 tags were on the license plate. At this point it was discovered I was driving on a suspended license and that I had a $5000 misdemeanor arrest warrant. The cops then arrested me for the warrant and impounded my vehicle. They then performed what they term a "preimpound vehicle inventory" during which they found a scale, a container containing various prescription pills and a single bag containing 3.64 grams of methamphetamine. I was then rearrested for H&S 11378. A search prior--although they describe as subsequent--revealed me to be in possession of $1391. cash. At this point I was rearrested and charged with H&S 11378. My question is was the search good and if not does the evidence obtained fall under the "fruit of the poisonous tree" category and therefore be inadmissable at court?
2 Answers from Attorneys
You'll get the answer to your questions at the hearings on your suppression motions, if you have actually valid grounds to file any. No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. The police report[s] will probably sound a lot different than your version of the story.
When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
You have a case filled with interesting legal issues. You have a stop based on questionable probable cause and then you have a warrant as well for $5000.00. You have things in the law, like inevitable discovery and good faith exceptions, which the prosecution will assert, and you have issues relating to the original stop, which could be problematic for the prosecution. But to analyze such a complicated case needs a qualified attorney to go over all the reports and get your response to all the police reports. Then the attorney needs to do hours of legal research to see how the case law resolves these kinds of scenerios. You are charged with serious Felonies and, if you realy want to attempt to fight the stop and search, you will need to retain a highly qualifeid criminal defense attorney in or near your area. No professional attorney can give you answers over the internet on a fact pattern such as you have presented. GET A LAWYER.... I wish you well...David Wallin
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