Legal Question in Criminal Law in California

illegal search

my husband was pulled over for a burnt out plate light, he had just finished doing yard work, so he was kind of sweating so the officer gave him a drug test, in whic h he passed and then searched his car ,found his wallet on the seat searched it and found a small bag of meth, is that legal?


Asked on 9/04/04, 4:00 am

3 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: illegal search

The answer to your question would depend upon the specific facts of your case. Generally car searches without a warrant are legal. This is based on the mobility of the car. He needs to be represented by an attorney. If he cannot afford to hire an attorney he should request that the court appoint an attorney to represent him.

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Answered on 9/04/04, 1:16 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: illegal search

Thank you for your posting. I agree that more facts in a case like this are essential. Your husband may have consented to the search, and whether or not it was okay to search the wallet depends on where it was (i.e., if it was in "plain view"), as well as other factors.

You may wish to sit down with an attorney and go over the details to see about the probability of running a motion to suppress evidence in the case.

I hope this helps, but if you have any other questions, or want legal assistance, feel free to email me directly at [email protected]. Best of luck.

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Answered on 9/04/04, 1:58 pm
Terry A. Nelson Nelson & Lawless

Re: illegal search

Whether 'legal' or not, depends upon the facts in each case. Regardless, he needs to defend himself against the charges. That is how the process works. Contact me if interested in hiring counsel to do so.

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Answered on 9/07/04, 1:28 pm


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