Legal Question in Criminal Law in California

If arrested inside of shopping center, can they look in my car?

I was arrested at a large ''K-Mart type'' store. The cop on the way to the jail decided he'd drive around the parking lot and look for a vehicle that the key in my possession might fit, believong it might contain stolen merchandise, After three trips thru the lot he spots my corvair, unlocks the door, then invites his partner to come discover it ''in plain view''. While looking surther, he opens the ash tray and finds 1/2 oz. of meth in three separate baggies. Can I suppress the product discovery on the grounds that what I allegedy stole, wouldn't fit in a small ashtray...among other reasons? Thanks for your commens.


Asked on 2/02/01, 7:36 am

2 Answers from Attorneys
Michael Jones Michael K. Jones, Attorney at Law

Re: If arrested inside of shopping center, can they look in my car?

ABSOLUTELY!!!!!!

there are several issues regarding search and the searching of one's vehicle. This sounds like a situation wherein the cop decided to make up his own law on the subject. Unfortunately, that is not allowed in this country!!!

There are probably some "consent" and "plain view" issues that need to be explored, but it sounds to me like you have an excellent case for a suppression motion.....probably a winner.......and without some of that evidence, your case getts stronger and stronger!!

For more info about this situation, please feel free to call me at (818) 398-3788 or visit my website and e-mail me thru the link.

website: www.thebestcriminalattorney.com

e-mail: [email protected]

DO NOT LET THIS ISSUE SLIP THRU THE CRACKS!!! explore it and fight it........you have a winner!

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Answered on 3/22/01, 6:08 pm
Victor Hobbs Victor E. Hobbs

Re: If arrested inside of shopping center, can they look in my car?

I'd have to research this problem and get back to you. However, your car is not normally given the same protection as your residence. And you raise an excellent issue on the ash tray.

I'll get back to you if someone doesn't beat me to it.

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Answered on 3/19/01, 10:40 pm


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