Legal Question in Criminal Law in California

Is it legal if you are pulled over because a sheriff ran a parked vehicle license plate in a parking lot and the registered owner popped up as having a warrant and they waited until someone came out of the store who fit the description of the registered owner and upon finding out that they were the registered owner pull them over,arrest them for that warrant without reading them their rights?


Asked on 1/25/15, 10:07 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

I don't see anything illegal about this. Police are allowed to run the plates of a parked car, even without probable cause. They're also allowed to arrest people who have outstanding warrants.

Arrests are valid whether or not the police read the suspect his Miranda rights. If they fail to do so and then question him while he's in custody, then his answers usually can't be used against him in court. So if the officers didn't question you while you were in custody, then there's no problem. Even if they did, the prosecutors might be able to prove their case against you based on other evidence.

You should get a lawyer right away. If you can't afford a lawyer, the court will appoint one for you.

Good luck.

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Answered on 1/26/15, 11:59 am


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