Legal Question in Criminal Law in California

Re: Illegal search

It depends. Generally, the police can search the "wingspan" of someone they are legally allowed to search, but only to preserve evidence or to find something related to the crime.

Was it your boyfriend who had the cannabis and card or the passenger? The person who had the card should be immune to prosecution for possession and sale, unless there was additional items, such as baggies and/or a scale also. I'd need additional information to assess this properly.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our my website located at 420Lawyer.com

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Re: Illegal serive

It appears the search was illegal. Even if legal, your boyfriend should have full defense to marijuana possession charges based upon his card - unless so-called indicia of sales were present, such as scales, packaging materials, cash, cell phones etc.

Feel free to contact my office for a consultation with an attorney who is very familiar with defending medical marijuana cases.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com