Legal Question in Criminal Law in California
Advice
Is it legal for someone to be arrested for driving on a suspended license but has a valid CA ID and is currently with no traffic warrants, probation, or parole? Also is that a valid enough reason for the officer to search me and the vehicle?
1 Answer from Attorneys
Re: Advice
Driving on a suspended license is adequate grounds for arrest. Having another form of valid ID is not equivalent to having a license, and neither is having no outstanding legal problems.
The arresting officers are allowed to at least to a patdown to ensure that the arrestee has no weapons on his person. Whether a more intrusive search of the arrestee or a search of the car would have been proper will depend upon additional facts. However, if all the police did was look through the car's windows or open doors, there would be no problem.
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