Legal Question in Criminal Law in California

Does the police have the right to search a purse that is i a vehicle when the vehicle was pulled over for expired tags. the owner of the car gave permission to search the vehicle but the owner of the purse was not on probation or parole and did not give permission to search her purse.


Asked on 2/13/11, 6:48 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Can they. Yes, they did, didn't they?? Whether they were within their 'rights' will be determined by a judge in the criminal case against you.

If you were arrested and charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable regarding the purse search. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea-bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.

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Answered on 2/14/11, 2:31 pm


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