Legal Question in Criminal Law in California

ownership of evidence

part 2 of a recently submitted question re: 2 baggies found in a hotel clock battery compartment during a fourth waiver search that did not belong to us.

Yes the clock belonged to the hotel.

and when we requested for the arresting officers to fingerprint the baggies and the clock they said''no, we got what we needed''

we were not drug tested or even asked if we were under the influence which we were not, they also denied us the opportunity to prove, via drug testing, our innocence.

Also would random, unwarrented 4th waiver searches of a hotel with no probable cause (mind you we are on informal probation not parole, with only a misdeameanor possesion charge on record. we had just settled this year long misdemeanor case 2 days prior to the hotel search.) be considered harrassing, capricious or arbitrary?

Thank you


Asked on 6/10/07, 9:36 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: ownership of evidence

The prosecution has to prove you knew the dope was in the clock radio. Heck, every time I stay in a hotel the damn radio is set for 5:00 AM. Why you would be asking the arresting officers to fingerprint the baggies, or talking to them at all, is beyond me. You need to tell these things to your lawyer.

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Answered on 6/10/07, 10:22 pm
Terry A. Nelson Nelson & Lawless

Re: ownership of evidence

What does it matter what we think it might be 'considered'? If you are charged with a crime, you have to defend it with the facts and evidence you have. Hire a good attorney to minimize your chance of jail time. If there are valid defenses, he can bring the proper motions and make the proper arguments at the right time. His job is to make the DA prove their case, or fail to do so. Feel free to contact me if interested in doing this right.

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Answered on 6/11/07, 2:28 pm


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