Legal Question in Criminal Law in California

Re: narcotics paraphernalia

The best advice would have been to politely tell the police you'd rather not let them search the car. The fact that the officers had permission will make it very hard for you to challenge the admissibility of the evidence they found in your car. You may be right that they would have found a justification anyway, but you may also be wrong and you gave up whatever chance you might have had that this would have been the case.

Can the police pull you over for wearing your seatbelt incorrectly? Yes. They can pull people over for any traffic violation they observe. They can also order drivers and/or passengers to step out of the car. Officers do this for their own safety, since a person inside a car is more likely to surprise them with a weapon than somebody standing in plain sight. This precaution is allowed in all traffic stops, so you were not actually taken out of the car because you were wearing your seatbelt incorrectly.

Your boyfriend was treated differently because he is on probation. Possessing drug paraphernalia is a violation of the usual probation terms, and he may be returned to custody for his original offense as well as prosecuted and sentenced for the new possession charge. You were treated more leniently because ordinary possession is a less serious offense than possession by a probationer.

Re: narcotics paraphernalia

Thank you for your posting, and the opportunity to serve you further. Your boyfriend may have had to go in for booking because he is on probation, and law enforcement contact is specifically prohibited. Whether or not it was legal for the cops to "pull you out of the car for wearing your seatbelt the wrong way" is another story. It's generally the driver's responsibility to make sure that everyone is buckled up, so you wouldn't be the one ticketed or responsible in any case.

However, in most cases the police say that they asked you to voluntarily step out of the car, and you consented. It's legal for the officers to ask you to step outside of the car.

Either way, it seems apparent that you might have grounds for a motion to suppress evidence in this case, or at least leverage to negotiate your way out of more harsh consequences, if you are charged with a crime here.

I hope this answer helps, but if you have additional questions, or want more information, please feel free to email me anytime at [email protected]. It's my pleasure to help in any way that I can.

Re: narcotics paraphernalia

Without knowing that the belt was incorrectly worn? If it was the officer may stop the vehicle. Ordering occupants out is allowed for almost any reason...officer saftey, and whether you considered the possibility of the "inevitable search" because B/F was on probation still seems ot be valid consent to search. B/F probably was booked for the offense as he is a probationer..your not, so the officer was lienient and allowed you to go on a citation....factual issues on the seatbelt need to be discussed with your attorney...

DJM

Re: narcotics paraphernalia

The search is likely legal. You both need an attorney. Our rates are very reasonable and we offer free consultations.

Re: narcotics paraphernalia

How is an anonymous free opinion going to do you the slightest good if you don't know how to use it in proper motions and pleadings and arguments? Hire an experienced attorney if you intend to fight this, and take his advice. Feel free to contact me if interested, and this is in SoCal.