Legal Question in Criminal Law in California

My current experience is that many cops now have automatic license plate readers in their cars. They can see at a glance which drivers are on probation or parole and they are relentlessly stopping them, over and over. There isn't a judge in California who believes the burned-out-license-plate-light story. But anyone on parole would be using poor judgment to drive around with contraband. If I had a client with this set of facts, I could probably do something for him.

The answer to your question is not a simple "yes" or "no." In fact, in the law there are rarely simple yes and no questions. Can the evidence be thrown out? it entirely depends on the circumstances. On just the facts you've provided I would have a lot of questions to determine a lot of additional facts before being able to determine if there was a valid argument against the search and seizure. There is actually in case in California that provides that the reason Law Enforcement stops someone does not have to be the real reason they initiated the stop. Someone who is one searchable probation or on parole is subject to law enforcement conducting a search anytime and anywhere and without cause. They don't need a reason. The fact that they are on searchable probation or parole is reason enough. Another issue that will ultimately come up in the facts you've explained is something called inevitable discovery. Let's say the search is found to be outside the bounds of either the probation or parole terms and it is extremely rare when a DA will agree to that and even more rare will a Judge will rule as such. However, then the question may become would the drugs have been found anyway? Is there a factual scenario that is reasonable that the State can argue would have lead to the eventually discover of the drugs? It is an uphill battle but a win in this case maybe something short of having the evidence thrown out completely. A win might be keeping your friend on probation or parole and keeping him out of Jail or prison. That is why he needs an attorney. He is facing a serious situation and only an attorney will be able to analyze the facts and determine what the best course to pursue might be. Your friend needs to start shopping for an attorney he can afford and start pursuing his case actively. If he can not afford an attorney the court will appoint a Public Defender for him. If that is what happens he needs to utilize the Public Defender and aggressively pursue his case.

Good luck

The ONLY advice you should expect to get from here or elsewhere is to exercise your 5th Amendment rights to SHUT UP, and hire an attorney to speak for you. You face charges that could put in jail/prison, and most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative'. There is no magic wand to make this go away. Police and Prosecutors don't take the time to research, prepare and file charges just to �drop� them. Unless you know how to effectively represent yourself in court, hire an attorney who does. If this is in SoCAL, and you�re serious about hiring counsel, feel free to contact me.