Legal Question in Criminal Law in California

my friend driving my car WAS ON PROBaTION. . the police pulled us over, because they said my registration was suspended. they asked me for consent to search my car. i said no. they said we will just have to do this the hard way. then they said both oUR LIcenses are suspended and that my car is theirs and searched. they found an id, and arrerested me ( passseger) for recieving stolen property. was this illegal search and seizure?


Asked on 9/19/14, 7:24 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

That depends on the underlying facts of the case. You've only provided the facts that you want us to hear, which makes me doubt your story. You do not tell us whether or not your friend had search terms as part of his probation, and whether or not the registration was actually suspended. You do not mention what they found in the car other than an ID, and you do not tell us whose ID it was. You do not tell us what else was seized. I suggest you speak in person to a criminal defense attorney privately, and provide a fuller account of what happened to him or her.

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Answered on 9/20/14, 10:16 am
Terry A. Nelson Nelson & Lawless

If the police knew he was on probation, and driving the car, they could search it. Even without his probation, they can search sufficient to assure their 'safety' from weapons, and if they happen to discover contraband, oh well.

Our opinion does not come with a guarantee. You'll get your answer from the judge at the end of the hearing on your evidence suppression motion, only if you bring one.

A little free advice if not already too late: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or ANYONE about the case except with and through an attorney.

When charged with any crime, the proper questions are, can any evidence obtained be used against you or can it be suppressed, can you be convicted, and what can you do? See above.

While this isn't a 'capital case', it certainly carries potential �time�, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will defend you, try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

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Answered on 9/22/14, 2:06 pm


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