Legal Question in Criminal Law in California
What are the requirements of the prosecution?
My vehicle was searched without consent, On private property, I was not under arrest prior to the search.
I was NOT on parole or probation, And had already Passed a field sobriety test. An Officer who showed up in a second
patrol car had to open a zippered bag inside of a paper bag(I had already shown the contents of the paper bag to the officer who pulled me over,He did not inquire as to the contents of the zippered bag inside).
I was then arrested for the contents of the zippered bag.
Is this a fourth ammendment violation?
Also what case does the prosecution have if the ''controlled
substance'' did not test positive?
3 Answers from Attorneys
Re: What are the requirements of the prosecution?
I think that you are on the right track with wanting to tackle this charge head on and aggressively. It is possible that the search was legal, but depending on the facts and circumstances, that also may not be the case.
If you would like to contact me, we can discuss the situation further to see what sorts of options you have available. I have years of experience with the courts and may be reached at 858.405.5881.
Re: What are the requirements of the prosecution?
I would need more information to tell if there was a possible 4th Amendment violation. It sounds as though you were pulled over for a DUI. If you want to provide additional information, I can try to answer your question.
Elena Condes
Re: What are the requirements of the prosecution?
You haven't said much about the circumstances that led to your dealings with the first officer, and without that information there is no way we can say whether the subsequent search was proper. There are a variety of circumstances under which a vehicle and its contents can be searched without a warrant, but I can't say whether such a search was proper here based on the limited information you have provided.
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