Legal Question in Criminal Law in California

4th ammendment waiver

I pulled off the freeway and pulled into a gas station parking lot to use my cell phone. I was there for 10 minutes at the most when a cop hauled ass into the parking lot shined his spotlight on me, and ordered me out of the car and to put my hands on the roof of the car, and searched me. He found a small amount of meth on me cuffed me and put me in back of his car. Two more cop cars pulled up and three cops were searching my car. All this occurred without the cop asking me for my i.d. When they were done with their search they asked my name and called in my drivers' license. The terms of my probation required me to waive my 4th amendmant right. Since these cops never asked me my name or gave me a chance to inform them I was on probation or ran a check on my drivers license before conducting their search, did they violate the fourth amendmant? What are the chances a judge will suppress the evidence because the cops made no attempt to inform themselves of any information on me before conducting their search?


Asked on 1/16/09, 10:53 pm

4 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: 4th ammendment waiver

None.

Read more
Answered on 1/17/09, 12:47 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: 4th ammendment waiver

The officer must know a person is on probation before the search for the search to be justified simply because of the probation status.

However, you must understand that there might have been other reasons why the search might have been legal. Get a good lawyer to look into this and fight your case.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Read more
Answered on 1/18/09, 10:54 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: 4th ammendment waiver

An otherwise illegal search generally will not be considered legal merely because the person being searched happened to be on probation. If the police did not know you were on probation when they searched you and the car, you may have a good shot at getting the evidence excluded. You will need competent counsel to help you do this.

Bear in mind that there may be reasons why the search actually was legal. For example, if you and your car matched descriptions of a suspect in a recent crime, the police may have acted justifiably.

Read more
Answered on 1/16/09, 10:59 pm
Brian McGinity McGinity Law Office

Re: 4th ammendment waiver

I would want to know if the automobile you were in was registered in your name. If it was in your name they would have been able to find out you were on searchable probation and their actions were within the law. However, if the automobile was not in your name then some other issues would have to be addressed. If there was some type of exigent circumstances such as a crime had been committed in the area and you and your vehicle matched a description they had or if an attack on someone had occurred nearby and the descriptions of the vehicle and you were similar to the information they had regarding the suspect of the attack then they may be justified in their actions. However, if they simply decided they wanted to search you and your automobile and did not know you were on searchable probation then you may be able to suppress the evidence. Although generally the police will articulate something or have some type of reason. They usually do not admit to breaking the law. You need to consult with an attorney in your area and give them the details I have explained. They will be able to assist you better and it would be money well spent. You are also going to get a VOP and all of this will cause you some headaches so go get an attorney. Good Luck

Read more
Answered on 1/16/09, 11:26 pm


Related Questions & Answers

More Criminal Law questions and answers in California