Legal Question in Criminal Law in California

my boyfriend and his friends was riding and was pulled over the driver was ask for his driver license and registration which he had they search everyone in the car my boyfriend was arrested no ticket or citation was giving to the driver. there was no reason why they was pulled over and search. no probable (reasonable) cause.


Asked on 3/19/12, 10:31 pm

3 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

You mention there was "no probable (reasonable) cause" to pull the car over ... that's an opinion, it is not a fact. The officer will have a different opinion - that much is guaranteed. The reason/s alleged for the stop and search will be written in the police report.

I suggest consulting a local criminal defense attorney who routinely practices in the court in which your boyfriend's case will be heard. I think every attorney will agree, they have not seen a report written which says, "I pulled over the car for no reason."

There was some reason ... what is was in reality and what will be alleged may be two different matters. Either way, whether it was a "good" one or not can only be answered by the attorney handling the case. Good luck!

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Answered on 3/19/12, 10:45 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

You should look at the police report. A police officer can't just pull someone over on a "whim". You might have a case and should consult a local attorney that specializes in criminal law and traffic violations in particular. A police officer must have a reasonable suspicion that criminal activity is afoot to pull you over.

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Answered on 3/20/12, 3:09 am


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