Legal Question in Criminal Law in California

I was recently arrested on four felony counts and a misdemeanor for a gun that was found in a car I was a passenger in the officers reason for pulling over the car was that it had dealer plates and illegally tinted windows driver of the vehicle was on probation but I was not when the officer asked if I consented to a search I replied no even when I replied no he continued to search me with no female officer present I was not on any probation or parole and I made it clear that I did not consent to a search the officer I felt forced me into making a statement the officer did not read me my Miranda Rights until I was already booked in and in the West Covina County Jail I know for fact that even though I wasn't the driver of this car my mother was the registered owner when the officer ran the VIN number for the registration they both checked out alright a and match the records that the DMV have on file the windows were not illegally tinted the car was bought from a major car dealership named drive time and when purchasing the vehicle the drive time representative InCharge of financing the vehicle not only printed out the Carfax and vehicle history report but assured us that everything on the car was legal and up-to-date the windows had a stock tint that came as is from the dealership I'm facing four felony counts and a misdemeanor I have a prison prior as well as being a felon I need to know if anything officers did was illegal in the search and seizure process I feel like my rights were violated and they are wrongfully going to convict me I cannot afford to accept another felony charge the gun not found on my person I did know who the gun was registered to but I felt forced to make a statement


Asked on 4/23/16, 4:32 am

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

With no punctuation, your question is difficult to read, but...

Yes, there may be a valid motion to suppress the evidence based on the stop. Search issues are very fact-specific though, so you're going to need to have an attorney evaluate the case and determine if a motion is appropriate.

You should always have an attorney. If you truly cannot afford one (and you'll never know if you can or not unless you meet to discuss your case, fees and payment options), you can request that a public defender be appointed.

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Answered on 4/23/16, 11:30 am


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