Legal Question in Criminal Law in California
Illegal Search?
I'm with my friend in an area about 75 feet from where our cars are parked legally. I am lying down and my friend is preparing to smoke a small bit of weed. A cop sees him and asks us to come with him to the parking area. He grabs the weed and pipe which were in the stuff belonging to my friend. He asks what it is and I don't say anything and my friend says weed. He asks us if he can search our cars, my friend says yes and I say no. He asks me why and I told him it was a mess and I was embarrassed at the thought of someone seeing it. He proceeded to try to get me to agree to letting him search and I kept saying no at least six or seven times over a period of about an hour. He starts threatening me and saying how thigs are going to be bad for me if I don't agree and how it will all be ok if I do. After refusing him approx 8 times he asked me for my key and I again told him I didn't want him to search the car. He took the key and searched anyway finding a small amount of coke in my purse which was zipped up. Do I have a chance of getting this evidence supressed at trial?
4 Answers from Attorneys
Re: Illegal Search?
Assuming the evidence comes out as you describe, you absolutely should win a motion to suppress. The officer needs to have reasonable suspicion in order to be allowed to search, absent consent.
A lot depends on how the report reads. It's unfortunate that actual events don't match up 100% to police reports in many instances.
If you haven't already, you need to contact a good criminal defense attorney up in your area to discuss this.
Re: Illegal Search?
A chance?? Yes. Likely? Depends upon all the facts and evidence and testimony, etc. Luckily for you, you had a witness, although their 'yes' to the search request doesn't help you much. If you are serious about getting legal help in defense, feel free to contact me.
Re: Illegal Search?
If your friend was the only one who appeared to be breaking the law, then I'd say the search was illegal. If the court accepts your version of events (the officer may have a different perspective) then it will probably exclude the evidence turned up by the search.
Re: Illegal Search?
My preliminary opinion is that the search was illegal if the car was yours and you did not agree to the search. Your lawyer should definitely file and argue a suppression motion to exclude the evidence (coke) and dismiss your case.
Call around and hire a good criminal defense lawyer.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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