Legal Question in Criminal Law in California

Harassment from the police

I have a friend over at my house, I went to the store.The cops came to the store, escorted me out and had me drive them back to my house,where they came in uninvited and found narcotics for personnal consumption in my friends pocket. They never read him his rights, put him in handcuffs, and took him in the car, I thought to be arrested. They took what was in his pocket and he never signed any paperwork or recieved a ticket. Now they keep coming back because they want him to tell on somebody else. Can he still get in trouble even if there is no ducumentation of any wrong doing?


Asked on 11/27/01, 8:21 pm

3 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Harassment from the police

Thanks for your posting.

Having narcotics in your pocket (or your friend's pocket) can be considered "possession", which is defined as something within your custody or control, in general.

Yes, he can get in trouble for this, as unfair as it may seem. Your friend may, however, have some legal defenses that might work based upon what you've stated, and a good attorney can present those in a motion to the court, if appropriate.

Thanks, and please feel free to email or call at 1-877-568-2977 if you have any other questions.

Read more
Answered on 11/27/01, 9:42 pm
Victor Hobbs Victor E. Hobbs

Re: Harassment from the police

The police will probably play with your friend for awhile using him/her as a snitch to see how much your friend knows. When they finally believe that your friend doesn't know anything. They'll arrest him/her. Off to jail your friend will go to be booked, etc. Works everytime.

Read more
Answered on 11/28/01, 9:11 am
David Diamond Diamond & Associates

Re: Harassment from the police

There are significant search and seizure issues which should result in the evidence and the case being thrown out of court. It will depend on what the actual police report says. It is important that you review those reports with an experienced criminal attorney. Please do not hestitate to contact us if you need any assistance.

Read more
Answered on 11/29/01, 3:50 pm


Related Questions & Answers

More Criminal Law questions and answers in California