Legal Question in Criminal Law in California

I was recently pulled over and my vehicle was searched. I am not on parole or probation, reason for being pulled over the police wanted to question my boyfriend about a incident. the vehicle is registered to me.He was not with me .My 18 yr old son was. I officer had me step out of the vehicle and had my son also they searched my son and the officer said he was waiting for back up to search my car. I officer ripped my center glove box out and found 3 oz of meth. I was arrested my son was let go but not untill the officers took his cell phone and id and told him he could not go to my residence 2 blocks away.the police obtained a search warrent for my residence. they kept the phone before the warrent was issued. I have been to the police station to get my drivers lic & son's ID not record of it. The police are holding my son's cell phone for evdience is that legal for them to keep his phone or even look in it he was not arrested? also what cause did they have to search my vehicle or even pull me over is that legal?


Asked on 9/08/09, 8:44 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Whether the police were justified in pulling you over will depend upon additional facts. Assuming that the stop was justified, the search probably wasn't -- unless you gave the officers permission to search the car. Officers routinely ask for such permission, and a surprising number of people grant it. The search may have been justified even if you didn't grant permission, but here again I would need more facts.

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Answered on 9/08/09, 8:52 pm


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