Legal Question in Criminal Law in California

my boy friend was arrested for 11379(a) and driving without a lic. in placer county California, the arresting officer lied in his report by saying he made consensual contact; the officer grabbed my boyfriend and spun him around so he was facing the cop before asking his name, for his lic., or anything else. i believe the officers also violated a number of civil rights such as an illegal search of the vehicle (which was not his,) an illegal search of my person by a male officer, and the officers never stated why they were messing with us until i asked about 10-15 minutes into the ordeal. the reason they gave was because it was 2 o'clock in the morning and we were out driving around. (we had driven past them when we drove into the housing area.) they had not conducted a traffic stop to initiate contact, nor were we in the vehicle. i had the passengers side door open to get my purse out of the truck but no one was in the truck.


Asked on 9/13/11, 5:13 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

If it is was not his car, then he does not have a Legitimate Expectation of Privacy in the Area Searched. That means he lacks standing to challenge the search of the car. If they saw you driving, that is sufficient for a traffic stop. The fact that you were getting out of the vehicle at the time does not change it.

Officers may perform what is known as a "Terry" stop and frisk. A male officer may give a female suspect a pat down search, since the purpose is to search your person for weapons during the contact period. The officer would not be safe if he had to wait until a female officer showed up. The issue would be different if you were given a body cavity search, but you don't say that.

The police don't have to tell you why they are investigating. You haven't told me anything that indicates that the search was invalid. I hope that your boyfriend gets an attorney, as soon as possible.

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Answered on 9/14/11, 8:29 am


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