Legal Question in Criminal Law in California

hi i have a question..my brother was locked up for hitting his girlfriend..he was locked up for 6 months and was out on probation..he was attending all his classes and going to all his drug test..one night his probation officer asked the policeman to come do a check up on him..they went through all his stuff and said he was wearing black and grey so hes considered a gangster and was gonna take him down to the station for a couple hours..they never let him out after that..but is it right? he has different colored clothing besides black and grey..he has red blue white green etc..just cause that day he had on that outfit doesnt mean hes in a gang..they said hes gonna serve 2 years for that..is that right?


Asked on 5/16/10, 10:42 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Last I heard, people had a First Amendment right to wear clothing in the colors of their choice. But they can and do arrest people for smiling on a cloudy day.

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Answered on 5/21/10, 10:55 pm
Edward Hoffman Law Offices of Edward A. Hoffman

If that was the only basis for taking him into custody then he should be able to win his release -- if he gets a good attorney. Mr. Stone is right that people sometimes get arrested for absurd reasons, but that doesn't happen often. There may be more to the story than you realize.

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Answered on 5/22/10, 2:58 pm
Anthony Roach Law Office of Anthony A. Roach

I'm sure he was arrested for more than the color of his clothes. It was probably the drugs or other contraband he had hiding under his bed, dresser, closet, etc.

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Answered on 5/22/10, 3:11 pm


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