Legal Question in Criminal Law in California
personal rights
i was driving on a main st with several other vehicles when a sheriff patrol car was coming from oppisite direction flip a u turn, 3 blocks up i signaled and turned right at an intersection next stop sign made a complete stop, proceeded and was hit with the red light after i started thru the intersection. i wasnt speeding , my tags are current, my license is valid, but when i pulled over the officer walked up fast to my car and told me to get out of the vehicle. when i asked what i did wrong he stated i was speeding and then yanked me out of my vehicle without asking for i.d. or registration or explaining anything and proceeded to frisk me. when he did he found some drugs in my pocket. can he legally do that i had done nothing to justify that treatment. he didnt even take the time to discern whether i was under the influence or anything just come at me with force without valid reaSON.
4 Answers from Attorneys
Re: personal rights
It would be easier to answer your questions by telephone. Please e-mail Mike Navarro at [email protected]. Please provide a telephone number so he can call you.
Re: personal rights
It sounds to me like you may have an illegal search and seizure, but many additional factors must be considered, including what "story" the police officer tells to justify his search of you. This information will come from the police reports. These kinds of questions are very fact driven, and decisions about strategies and tactics can't be made until you have all the "facts" as seen through the eyes of all the parties. So, while you have your version of the facts, the cops may have a very different version of the "facts," and the outcome will depend on how these differences are handled. If you'd like to discuss this with me further, please don't hesitate to contact me. Steve Mandell
Re: personal rights
The stop was unlawful, jerking you out of the car was unlawful as was searching in your pockets. However, rest assured, the police report will not read the way you described! The officer(s) will have a totally different scenario, perhaps a false one, to put it nicely, but one which will attempt to justify each step along the way.
You did everything right, but possessing the ??? Now, keep your wits about you and get a criminal defense lawyer who knows how to take shatter the "bull story" the cops will make up in your case!
Re: personal rights
Obviously defending the charges on the basis of illegal search and seizure can be attempted by your attorney, if you are able to hire one. What I am curious about, however, was how it was he was able to come at you the way he did, apparently certain in the knowledge he would find something in your pocket. Were you the victim of illegal wiretapping? Had you just discussed the fact that you would be carrying drugs over the phone? Do you have some distinctive personal appearance such as long hair or a weird paint job or bumper stickers on your car?
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