Legal Question in Criminal Law in California

arrest right or wrong?

My sister was recently pulled over for not having a front license plate. When they approached the window the first thing they said was that a can of soda didn't look real. It was a fake can but looks very real. It was empty. She told them she uses it at times to put her money when she goes dancing.. They asked if they could search the car and she said no. They had her get out of the car and placed her in the police car while they searched her car and found some meth to her surprise.

1) they were task force (lic. plate?

2) there was not a fix it ticket for the licese plate.

3) they questioned her for hours without reading rights

4) they trashed her car

5) They took a brand new cell phone she just bought.

6) A male officer questioned her alone while in handcuff. He had her stand up, came up behind her put his hands in her pockets and took 400.00 that belonged to me. I gave it to her to get a money order for my rent. Is money illegal? are fake cans illegal?

7)she cooperated with them and . no fingerprints , no booking. they waived the towing charge.

they are telling her that if she doesn't physically participate and give up 3 people. she will go to jail. she has never been to jail or arrested. They are scaring her to death


Asked on 1/25/07, 7:45 pm

4 Answers from Attorneys

Daniel J. Mangan III JuryTrialJustice

Re: arrest right or wrong?

As stated, this is a very complex matter. Sophisticated counsel and investigator needs to be hired ASAP. there is a great deal of investigation, discovery and motion practice to be had very soon.

DJM

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Answered on 1/25/07, 8:31 pm
Terry A. Nelson Nelson & Lawless

Re: arrest right or wrong?

She either stumbles along on her own out of fear, and ends up screwing up the situation worse, or she hires an attorney to help her. If this is in SoCal, have her call me if serious about getting counsel.

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Answered on 1/25/07, 10:05 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: arrest right or wrong?

Good of "sis" to refuse a search. Bad of sis to undergo "hours," or even seconds of questioning. Maybe she also had the presence of mind to ask for a lawyer. Under no circumstances should anyone become a snitch or even speak to the police. Hire an attorney, borrowing the money from relatives if you have to. The $400 you gave your sister to buy meth with is history..

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Answered on 1/25/07, 10:11 pm
Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: arrest right or wrong?

It would be much easier to answer all of your questions by telephone. Please call Mike Navarro with our office at 800.327.4652.

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Answered on 1/26/07, 12:09 am


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