Legal Question in Criminal Law in California

I was at an Indian casino, in Hopland, California, on my way to a biker run with some friends. I was riding my Harley while my truck that was towing a trailer, followed. I'm sitting in the parking lot on my bike when a reservation police officer came pattroling thru. He makes contact with me, walks by the trailer door and smells an odor of weed coming from the trailer. He asks me who the truck and trailer belong to. I stated "I own the truck, the trailer belongs to a friend who is coming up the next day". He next asks for the keys to the truck. I didn't have those. They were with the guy driving my truck to the biker run who happens to be inside the casino. He continues to tell me anything he finds I will be held responsible because I own the truck. I asked why, stating that I wasn't driving the truck and the trailer did not belong to me. The trailer contained the property of the ten of us riding up to this run,

who by now were all outside being searched as well. Everyone checked out. I also asked if he needed a search warrant he said he did not because he's "Federal". In the trailer they found three joints. In the truck they found a few more joints i was unaware were in there because I was not driving. The cop writes me a ticket for the weed because "I should know what's in my truck and the trailer it was towing"; A trailer that was not mine. Is his search legal and am I liable? Keep in mind, I'm on my Harley, the trailer is not mine, the truck was being driven by someone other than me and I had none on my person. I appreciate any and all responses!!!!


Asked on 6/12/13, 8:55 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

I suggest you get a lawyer. It sounds like to me you have a situation of what criminal defense lawyers call the "plain smell" doctrine, which gave the reservation officer probable cause to search. He may have an exception to the warrant requirement because it was a vehicle, which would have been gone when he returned with a warrant.

Read more
Answered on 6/13/13, 12:11 pm


Related Questions & Answers

More Criminal Law questions and answers in California