Legal Question in Criminal Law in California

Normal procedures starting from traffic ,storage,and to home

My boyfriend was pulled over for his license plate being obstructed. He was then searched along with his vehicle. Nothing was found. From there, they made him get into the police car, and made him take them to his storage. After nothing was found there, they then made him take him to his house. The officer made him ring the doorbell and I answered. he said he was going to search the room. I was going downstairs, and he grabbed my purse and searched it. At that point he took us to sit in his car with his partner. He then went into the house alone and searched. We were both arrested and taken to the station where they performed a forced blood draw. At no time were we ever told that we were under arrest or had our miranda rights read. Are they allowed to take you from your vehicle, to your storage, and then to your house, without probable cause or placing you under arrest?


Asked on 2/26/02, 7:21 am

4 Answers from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Normal procedures starting from traffic ,storage,and to home

What's your question? Obviously they violated your constitutional rights and made a mockery of these protections. And that's what they do in a dictatorship. So write everyone that you can think to write, and tell the story but include their names. Write their supervisor and write your elected officials. Now if you boyfriend had been found guilty of something. Then he probably waived his 4th Amendment rights. And he then suffers lawfully from the kind of police conduct that he was subjected to. You of course were not lawfully detained unless you also suffer from a lawful deprivation of your 4th Amendment Rights. However, when you write make sure that everything you allege is factual and truthful as you can possibly make it.

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Answered on 2/26/02, 9:12 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Normal procedures starting from traffic ,storage,and to home

Can they (the police) search you and your boyfriend?

Yes, with your permission.

Yes, if he was on probation or parole.

Yes, if there existed a valid search warrant.

The way the law is structured, the police can go ahead and search, no matter what. It is up to the defendant or defense attorney, however, to bring a motion to EXCLUDE any evidence found if it was pursuant to an illegal search. If the only evidence the prosecution is relying on is excluded, that will sometimes also dismiss the case.

Best of luck, and I hope this helps.

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Answered on 2/26/02, 1:52 pm
Steven Mandell Law Offices of Steven R. Mandell

Re: Normal procedures starting from traffic ,storage,and to home

I recommend that you have a consultation with a criminal lawyer as soon as possible. There is probably much more to this "serial search" than you've written here. By that, I mean that the cops will have their version of what occurred, and it may differ in some ways from your version. If you are near LA, don't hesitate to call me for a free consultation. Steve Mandell 310 393 0639

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Answered on 2/26/02, 3:05 pm
David Diamond Diamond & Associates

Re: Normal procedures starting from traffic ,storage,and to home

The set of facts that you have presented appear very extreme and raise many questions about how those events came to be. I can certainly help you with this matter but would need to discuss it with you in more detail for fully assess your situation. Please feel free to contact me if you would like to discuss this matter further. (310) 277-1707

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Answered on 2/26/02, 4:28 pm


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