Legal Question in Criminal Law in California

Hi, While I was a passenger and my friend driving we get pulled over by 2 police officers. They stated that they stopped for tinted windows but windows was not tinted and changed the story to saying that the car was dirty. The other officer flashed the light on my face with his flashlight and asked me to step out since he thought that my eyes are weird and believe that I am or might be under the influence of controlled substance. He asked me to close my eyes which I refused by asking him a question such as "why office?" He said that he is investigating and grabbed my arm and started checking my pulse and again asked me to close my eyes which I refused to close. Officer arrested me and took me to a police station and charged me for 148a pc. Did this officer conduct a legal arrest or did the officer have probable cause to order me to step out the vehicle and go for a test or an "investigation?" did this officer conduct a legal procedure? Just because i have not closed my eyes, do I really get 148 pc ? how can I fight this? I believe I have been harassed and possible of discrimination or racist act. Can press charged on the officer for an illegal arrest? Thank you!

Greg


Asked on 5/08/10, 6:01 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You need to get a criminal defense attorney. You should consult with one before you are arraigned. If you cannot afford an attorney, you should ask the court to appoint a public defender for you at the arraignment. Based on your relation of the facts, there may be an issue of whether the officer had probable cause to detain you. There are other issues that affect your case that cannot be set forth here.

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Answered on 5/14/10, 3:14 pm


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