Legal Question in Criminal Law in California
What constitutes "direct control" of a vehible sufficient enough to substantiate a vehicle search when an illeged owner/occupant denies ownership or use of the vehicle to authorities.
2 Answers from Attorneys
It's debatable. I wish you had provided more facts. To effectively challenge a vehicle search in a criminal case, one must normally retain an attorney. One should not speak to the authorities at all, even to deny something.
You'll get the answer to that question from a judge as a result of motions you can bring for suppression of evidence and dismissal. It will be based upon ALL the law, cases, arguments, facts, evidence and testimony of both sides. All the prosecution has to show is the officer's reasonable belief of probable cause, or consent to search. If you are serious about hiring counsel for this case, feel free to contact me.
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