Legal Question in Criminal Law in California

I have a friend who was stopped by the police for not having a seat belt on. He is on probation the car was searched and drugs were found and he is now currently in jail. Now my friends seat belt was on. If this can be proven in court with police car video can the drug charged be dropped because of the officers lie.


Asked on 5/03/14, 6:02 pm

2 Answers from Attorneys
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

Yes. I police officer must have a reason to search the car. If the seat belt was on, then no law was broken and your friend was stopped illegally. It can be a little trickier with people on probation. I don't know the facts of your friends but believe it or not, some people on probation can be searched ANYTIME. Were the drugs your friends or somebody else's?

Bottom line...you need to consult with a local attorney that offers free consultations. Local lawyers usually know the local courts well, the judges, the prosecution etc.

If this was indeed an illegal stop, things look good for your friend. Bad news is that it all has to go to court to prove.

Read more
Answered on 5/03/14, 6:13 pm
David Brown D. Glenn Brown

The critical issue are the terms and conditions of your friends probation. A person on probation sometimes can be searched with or without probable cause, but there are limits to the police rights to do so. They need to contact an experienced criminal attorney.

Read more
Answered on 5/04/14, 8:29 am


Related Questions & Answers

More Criminal Law questions and answers in California