Legal Question in Criminal Law in California
Paraphernalia
I was pulled over for a broken tail light. When the officer asked to see my license, I told him that it was not on me. He then asked me if he could search the car. I responded with a yes. He found a pipe with crack residue. However, this car does not belong to me. It belongs to my sibling. I do not want to report my sibling nor do I want to take blame for the charge. Is there a way to fight this?
3 Answers from Attorneys
Re: Paraphernalia
Much harder to fight stuff like this when the client consents to the search. Don't consent to searches
Re: Paraphernalia
By the way, I can't wait to cross-examine the next cop who tells the burned-out-taillight story (every judge in America knows it is bogus).
Most taillights nowadays are made with LEDs, not incandescent light bulbs -- they have no filaments and don't "burn out."
Re: Paraphernalia
When a lawfully stopped driver does not have an ID, normally the cop has the right to search only those places where reasonably ID could be found. However, it looks like you gave him permission to search the whole car.
It might not hurt to retain a lawyer to fully investigate whether grounds for dismissing the case exist. Perhaps the story about the burned out tail light was bogus and could be proven as such.
Feel free to contact me for a free consultation.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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