Legal Question in Criminal Law in California

illegal traffic stop

My son was stopped by a cop who said his license plate light is out but its not. The cop said I'm going to pat you down any way. He felt something in his pocket and asked what it was, my son said a pocket knife I'll get it The cop said no I'll get it and when he pulled out the contents he found a bead of meth.

My son is on informal probation but the cops don't know because when he's been stopped they always ask to search him and he says no. WE have evidence showing the license light is working. The cop lied and had no probable cause to pull him over so is the drugs consider inadmissible in court?


Asked on 9/02/08, 4:42 pm

4 Answers from Attorneys
George Moschopoulos The Law Office of George Moschopoulos

Re: illegal traffic stop

If your son is on probation, his search and seizure rights are significantly reduced. The fact that the officer did not know your son was on probation would likely be considered an immaterial and a 'harmless error.' In light of his probationary status, the evidence discovered would likely be entered and used against him.

Best of Luck!

Read more
Answered on 9/02/08, 4:55 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: illegal traffic stop

I'm not sure I agree with Mr. Moschopoulos.

Ordinarily, evidence obtained via an unjustified traffic stop would be inadmissible -- assuming that the defendant was able to persuade the court at the stop was, in fact, unjustified. This wouldn't matter if the officer had pulled your son over in order to conduct a probation search; in fact, the desire to conduct such a search would have been reason enough by itself to conduct the stop. Given that the officer did not know your son was on probation, however, I don't think courts would overlook the illegality of his actions. The fact that the search would have been legal under different circumstances is unimportant, since the court must examine the circumstances that actually existed.

Your son needs a good lawyer fighting for him. He should get one right away.

Good luck.

Read more
Answered on 9/02/08, 5:01 pm
Terry A. Nelson Nelson & Lawless

Re: illegal traffic stop

If they are normal, his probation terms waived all search and seizure objections. That's the price he pays for getting a suspended sentence instead of serving time. You might 'beat' the taillight fixit ticket, but not the drug arrest.

Read more
Answered on 9/02/08, 5:52 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: illegal traffic stop

I agree with the position that probation status is not relevant to the search issue unless the cop knew your son was on probation. If he did not, normal search and seizure rules apply.

The main question in my view would be whether the cop's lies about the license plate light can be shown as such. Are there many reliable and credible witnesses who could testify in court that the light was not broken? Is a broken license plate light even a valid reason to pull someone over? (not 100 percent sure here).

The risk is if your son opposes the new case vehemently and loses on the illegal search issue, the judge could throw the book at him because of his probationary status.

Get a good attorney.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Read more
Answered on 9/02/08, 6:20 pm


Related Questions & Answers

More Criminal Law questions and answers in California