Legal Question in Criminal Law in California

Are there grounds for dismissal?

I was pulled over with no probable cause, handcuffed and detained in squad car while my vehicle was searched after I denied permission to search my vehicle,A usable quantity of methamphetamines (.2 grams ) and a pipe was found in my truck and tested on site. I was never read my Miranda Rights, and the test kit was still in my truck after retrieving it from the tow yard.While in the station I submitted to a urine test. i am charged with possession,paraphernalia,and under the influence


Asked on 2/26/08, 12:16 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Are there grounds for dismissal?

The answer will come from the judge's decisions on the motions to suppress that might be brought, based on all the actual facts, evidence, law and arguments. If you can't afford private counsel, ask for the public defender. If you can, feel free to contact me for the legal help you'll need.

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Answered on 2/26/08, 12:49 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Are there grounds for dismissal?

Maybe. Your belief that the police had no probable cause may be incorrect. Also, if you were on probation you may have been pulled over for a probation search, which would not require probable cause.

If the traffic stop really was unjustifiable, then you should be able to have the evidence obtained as a result excluded on that basis.

That the police didn't Mirandize you is only an issue if they asked you questions while you were in custody. If they did then the answers -- and any other evidence they obtained as a result -- would have to be excluded on that basis, but other evidence they obtained properly could still be used. Based on your question my sense is that you weren't questioned and that, even if you were, your answers did not play any part in the officers' discovery of the evidence in your car.

You need competent defense counsel. Any experienced criminal lawyer (including public defenders) will know how to decide whether you have a basis to seek exclusion of the evidence and how to bring the appropriate motion.

Good luck.

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Answered on 2/26/08, 2:29 pm


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