Legal Question in Criminal Law in California

Profiling

Got pulled over for speeding. Asked for his license and registration.When he came back with registration he asked if I run a check on this trailer and bobcat it will come back clear right. CHP ran his license and truck and came back clear.Do they ask everyone they pull over towing a trailer that question?He also past a BAC test and sobriety tests. Officer told him I'm not going to arrest you wait in car and I will be right back. Came back 15 min later and told him to get out he had to arrest him.CAD shows a few minutes later for officer to call Sgt. for advice. We got the dispatch tapes also and he says you have a ex parole with a big background. We have to find something on him. dug deeper into his record to find he was still on court prob. Not allowed to have any alcohol in his system. He didn't know he was still on prob. Finished all DUI classes got license and insurance. Know one informed him he still had a court prob. BAC was .03 Was he detained to long or could this be another case of profiling?


Asked on 4/22/09, 9:28 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

Re: Profiling

The short answer is that the officer must have "reasonable suspicion" of criminal activity to detain you and investigate. They can then detain you as long as "reasonably necessary" to investigate the crime they suspect you of. If, during that detention, they find additional things that lead them to investigate a new or different crime, it may justify extending the length of the detention.

If a person is on probation, subject to search & seizure, the officer must know this before searching and cannot use it as a justification later.

I don't know what facts lead you to believe it was "profiling," but your attorney should explore the detention/search/arrest issues in your case to see if the evidence of the blood alcohol level can be suppressed.

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Answered on 4/23/09, 9:06 pm


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