Legal Question in Criminal Law in California

probable cause

an officer pulled into an autozone parking lot after i did. he watched me go in and ask if i could dump my oil, come back out get the oil go back in and dump it .when i sinished and went out to my car he then approached me asking if i was some other person. i said no and got in my car got my id and showed him i was not who he thought i was. then right off the bat he started asking drug related questions or rather if asking answering himself. then he intimidated me enough to where all of a sudden he frisked me then went searching in my car and he did find something. about approaching me he must have ran my plates when i went in the store because he said are you diane something from lime street only part right is my moms name is diane nothing else he was fishing


Asked on 2/21/07, 9:46 am

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: probable cause

Thank you for your question, and for the opportunity to both help and advise you further.

It's possible that you may be the subject of an illegal search. You didn't mention if charges were filed from this incident, but typically the approach of an attorney would be to analyze what might be suppressed in a case, (i.e., what was found, if illegal), and then review the police reports and other evidence, and see if a motion to exclude evidence, based upon a potentially illegal search, might be fruitful. It's possible, based upon the limited facts given, however, that the police may claim that the search was consensual in your case.

I hope this helps, but if you have additional information, have other questions, or would like legal representation, please feel free to email me directly at [email protected]. It's my pleasure to help you in any way that I can, and thanks again.

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Answered on 2/23/07, 6:19 pm


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