Legal Question in Criminal Law in California

Marijuana and questionable search
I was in a public park after park hours with a group of friends. Two police officers show up saying they are investigating suspicious characters. After obtaining my drivers liscense, the officer said he was going to pat me down. I told him that I did not consent to a search of my person or belongings. He said that it did not matter because they were investigating suspicious characters. The officer searched me and found a pipe, then searched my backpack and found under one ounce of marijuana. They gave me a citation and a court date. Was the search legal and warranted? All I really want to do is have the charges dropped from my record. What is the best way to go about this? Thank you

Asked on 11/15/06, 8:11 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Re: Marijuana and questionable search

I'm sure you do. You can go to trial, try to win a discovery motion, or cut a deal. If you win at trial, no record. If you lose or plea, there's a record and jail time. Consider hiring an attorney that knows how to handle such cases if you want the best chance of avoiding those consequences. If you end up with a record, then expungement may be possible after probation is over. Feel free to contact me if you want to do this right.

Answered on 11/15/06, 8:17 pm

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