Legal Question in Criminal Law in California
My boyfriend and I got pulled over because someone called the cops about us arguing in public. They asked the routine questions if he hurt me or not. I told them no and I had no marks so they believed me. But then the cop just searched my car without asking and without any probable cause and found weed and gave my boyfriend a ticket for it. My question is is there any way to dispute the marijuana charges because the cop didn't have the right to search my car?
3 Answers from Attorneys
Yes. Your attorney will have to do a motion to withhold evidence based on an illegal search.
If the police do not have a reason to search the car your attorney can make a motion to suppress evidence (Penal Code 1538.5). Especially if they could not see the weed in plain view or could not smell any weed, this motion may be successful.
Of course, it depends on the facts as alleged in the police report (don't be surprised if they differ from your account), but without probable cause to search, they have no reason to be in your car.
In order for the police to get in your car, they have to establish sufficient facts to show that the item they seek (and they have to know what they're looking for - it can't just be a hunch) is in the place they want to search (the car).
From what you wrote, I think we'd have a good chance of suppressing the evidence and having the marijuana excluded, leaving the DA with no case.
Let me know if you want to discuss it further.
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