Legal Question in Criminal Law in California

Re: druds seized, man arrested by mistaken identity

Sorry Your Friend had his pound of druds seized along with all his gubs. The story that the car looked like the one of a murder suspect is probably bogus. They probably tapped his phone illegally or someone snitched him off. You can always hire a lawyer to try and beat the search, but it's hard and expensive to do. Wise drud dealers set aside money for good lawers as part of their business plan.

Re: druds seized, man arrested by mistaken identity

When police search the wrong house, car, etc. as the result of a reasonable mistake, their actions are legal and the resulting evidence -- even if it turns out to be useful against someone other than the person they were after -- can be used in court.

Police don't need to know someone's name before conducting an arrest, ordering him out of his car, etc. -- especially when he has weapons within reach. If officers needed to know the person's name before they could act, suspects could just keep their mouths shut and force the police to do nothing. Such a rule would serve no useful purpose, but it would needlessly interfere with investigations and would frequently put police in mortal danger.

That your friend did not own the car is beside the point. The question is whether he was in possession of the drugs and the weapons. Possession is not the same thing as ownership, and you can possess items that other people own and/or that are in other people's cars. The fact that your friend had access to the car suggests that he had control over what was inside. Does it prove he is guilty? No, but it is more than enough to support an arrest and even a conviction if the jury is convinced beyond a reasonable doubt that he knew what was in the car.