Legal Question in Criminal Law in California

police harassment

I've had a couple bad experiences recently with the local police in the past few months. I've been pulled over 3 times and all 3 times the canine unit is called out and all they want to do is search me and my car. Since I had nothing to hide I did allow it because of how uncomfortable they make me feel. All 3 times I didnt get a ticket which makes me real suspicious. I am not on parole or probation and havent had any run ins with the law for 10 years. The last time I was pulled over the ''street crimes unit'' and ''gang task force'' also came for a speeding ticket that they never gave me. Somehow they pulled up my sealed record as a juvenile and now they want to search my house as well as the auto restoration shop I own. As a juvenile I served 2 years in California Youth Authorities for a gun charge. The city I live in and work in are the same and have a population of close to 300k.

My question: When at work if the garage door is open does that give them the right to walk in? If doors are locked and no search warrant, Do I have to open the door and let them in? If the local int.affairs is these officers sergeant should I file a complaint? or would it make things worse?

Thank you for any questions you can clear up for me


Asked on 6/06/09, 4:32 pm

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

Re: police harassment

The reason the police keep searching you is that they know you will consent to searches. Stop consenting to searches, and stop speaking to the police, and they might begin to respect you.

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Answered on 6/06/09, 4:53 pm
Karen Olson Attorney at Law

Re: police harassment

You have an absolute right to be free from unreasonable search and seizures. If you are not on parole or probation you do NOT have to consent to a search of your person, place of business or your home. The officers cannot arbitrarily search your vehicles, place of business nor your home without a valid search warrant. There are exceptions to the search warrant requirement such as consent and exigent circumstances. But the officer's suspicion that you are up to no good is NOT enough for a lawful search of your premises absent consent or exigent circumstances. If you work in a public place, then the officers can lawfully enter your place of business. However, they cannot detain you unless they have probable cause to believe you have committed a crime. You have a right to tell them that you do not wish to speak to them. Also, you should ask your boss or the owner of the business to ask them to leave.

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Answered on 6/09/09, 2:51 pm


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