Legal Question in Criminal Law in California
police with use of confidential informant conducted an investagation of defendant in effort to obtain evidence to search and sieze ilegal drugs after an unknown period of time police were unable to gain enough evidence to obtain a search warrent and had established that minimal if any ilegal activity existed .At this time police incorporated the active particapation of confidential informant to predistain the time,location and procedure to conduct a trafic stop for alledged vehicle violations (faulty tail light) police proceed to search defendant and arrest for position of a small amount of illegal substance. is this legal? I have solid evidence confirming factual events leading to and during incedent.
2 Answers from Attorneys
If you can prove that the taillight was functioning properly and that this was used as a pretext to stop your vehicle you may be able to get the evidence suppressed. Assuming that the vehicle stop and search of your person was legal the taking of the drugs was also legal. Contraband advertises itself and can be seized when seen by the police, unless the viewing was the result of conduct that violated you constitutional rights.
You stated that the police were after considerable effort able to find evidence of minimal criminal conduct. The observance of any criminal conduct by the police can give rise to probable cause to stop you. You should either retain an attorney or ask the court to appoint an attorney to represent you. Motions to suppress evidence are complex and require significant investigation and legal research to prepare. At the hearing you must convince the judge that the evidence was obtained illegally and should be suppressed.
You will need a Motion to Suppress the evidence against you. It will probably center around the traffic stop and whether it was a pretext to search you
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