Legal Question in Criminal Law in California

A police officer asked to meet me at my house to answer some questions about a case involving a relative. The officer asked if he could perform a drug test. I refused to take the test, but the officer said he had to check my pulse and eyes. I was asked to go outside and was arrested for being under the influence of a controlled substance. A blood test was performed and I was detained for the night. Did the police was probable cause to arrest me?


Asked on 7/11/12, 2:28 pm

1 Answer from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

Probably not. But whether the officer had probable cause is not really the question. It is whether he used illegal evidence to obtain probable cause. We need to know the following. Did you voluntarily let the officer into your house. What were the objective signs that you were under the influence? Why did he think you were under the influence of an illegal drug and not alcohol? Assuming that you were not charged and you are considering a civil suit, you should see a civil lawyer, preferably one who has some experience in criminal law.

Next time do not let the officer into your house and stand on your Fifth Amendment not to answer his questions.

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Answered on 7/11/12, 9:46 pm


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