Legal Question in Criminal Law in California

can my misdemeanor case be thrown out if the officer searched without probable cause? We were legally parked on the side of the road due to minor car issues near baseline and Mount Vernon with 4way flashers on. There were 3 of us in the car.

Police came towards us in the opposite direction, made an immediate turn.

4 police officers jumped out of their patrol car and approached us with aggression. The first thing they asked us was there any weapons in the car. I actually had my registered weapon on me in a sling bag. I answered non because I knew they had no right to search the car without probable cause or a warrant. The officer that approached me on the passenger side immediately reached in the vehicle and attempted to grab my bag from me and out of fear I flinched away asking what are you doing? All 4 officer drew their service weapons and demanded we get out of the car. We were hand cuffed and placed on the curb. The officer that cuffed me actually put 2 sets of cuffs on me, siting it was for his safety.

They took pictures of us, and our tattoos, harassed us asking what gangs we were in and if we knew what neighborhood we were in. They ran our ID’s, found nothing on us.

The officer took my registered weapon and did not arrest me, give me a ticket, police report or anything. They took the cuffs off and got back in their car and left without a word.

Approx. 3 months later I contacted the police dept. to retrieve my property (firearm) and without a police report or case #they could not help. The next time I called they said I had to come down to the station to retrieve it. I went down there and was told I had a warrant. It appears they e-filed for a Sessile Affidavit around the time I inquired about my property.

My charges are a Misdemeanor- PC25400(A)(2) Carry Concealed Weapon on Person.

How can this get thrown out? This officer violated my 4th Amendment right by first reaching in the car to grab my sling bag. If anything we could of used help. I know it doesn’t negate the fact I had my registered firearm on me but we gave them no reason to search us.


Asked on 12/16/24, 1:45 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

can my misdemeanor case be thrown out

While anything is 'possible', getting charges dismissed requires the judge to make a ruling after a hearing on your Motion to Dismiss, which has to show 'dood legal cause' through a detailed review, analysis and argument of the law and your claimed facts and supporting evidence, versus the police reports, witness testimony and evidence in the case.

If you can'f effectively prepare, file and serve that Motion and then argue it in the hearing, you should hire an experienced criminal defense attorney to do so. If it is in SoCal, feel free to contact me 714 421 2501 to discuss costs and issues.

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Answered on 12/19/24, 4:10 pm


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