Legal Question in Criminal Law in California
probation 4th waiver search condition
I'm sitting in my car for less then ten minutes using my cell & a cop appears out of nowhere shines his spotlight on me as he enteres the parking lot from 30 to 40 feet away. Next thing I know I've got 3 cop cars on the scene and I'm ordered out of my car and to put my hands on the roof of my car. I'm searched, and arrested for possesion (hs11377) On his report the cop describes his initial contact with me as a consensual encounter then states that he asked for my consent to be searched. If he had probable cause/reasonable suspicioun or knowledge of my probation 4th waiver he would'nt need to lie about asking for my consent. Does asking for consent indicate he had no leagal reason for a warrantless search and a detention illegal? And does he need to have prior knowledge of my 4th waiver to justify a warrantless search? Thank you
3 Answers from Attorneys
Re: probation 4th waiver search condition
The proper answer to the proper question is: your attorney will use all your facts and evidence in appropriate motions trying to suppress the evidence, and in pre-trial and trial proceedings, including plea bargaining. If this is in SoCal, and you're serious about getting legal counsel, feel free to contact me.
Re: probation 4th waiver search condition
The proper answer to the proper question is: your attorney will use all your facts and evidence in appropriate motions trying to suppress the evidence, and in pre-trial and trial proceedings, including plea bargaining. If this is in SoCal, and you're serious about getting legal counsel, feel free to contact me.
Re: probation 4th waiver search condition
Yes, based upon your description of what happened, it does appear that the cop had no cause for detention and/or arrest and is trying to hide this fact by claiming you gave him consent to search. This could be grounds for suppressing evidence against you.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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