Legal Question in Criminal Law in California
were my rights violated? I was on riding a bicycle. Iwent about 3 feet against trafic then proceeded accross a 4 lane highway when a sheriff zoomed around me and jumped out of his car after giving the officer my id he turned me around and started to search me Itold him I did not want to be searched witch made him mad he then said he wanted to pat me down for weapons i cooperated when he got to my pockets he felt a wad of 3 one dollar bills and 2 receipts.Also in my pocket was 3 tenths of a gram of meth about 15 dollars worth.Upon feeling this the officer asked what it was I reply change and a receipt from the store I had just left he then reached into my pocket and pulled out the contents looked at it for a minute then handed it back to me and told me to sit down in the middle of the sidewalk I complied.he then ran my name using his portable radio makeing sure not to take his eyes off me.I then looked at the what he had handed back to me from my pocket and saw the small clear bag of meth I was shocked that he had handed it back to me.With nothing else i could do with it i put the wad back into my pocket.Finding my name was clear no record at all never been arrested and having my 4th he starts trying browbeating me trying to get me to consent to a search. I refuse and he says he is now going to evaluate me to determine if I am under the influence, witch he said I was. He used this to arrest me and then search me at witch time he pulled back out the wad and acted surprised and even asked me if he had missed the baggy earlier.Idid not reply.I was then charged with possession as well as under the influence.When the officer went into my pocket the first time did he violate my 4th amendment rights????Thanks
1 Answer from Attorneys
The officer was within his rights to pat you down. But unless there is more to the story, he was probably only entitled to check you for weapons. Some paper and a small baggy could not have felt like a weapon, so finding them would not have entitled him to reach into your pocket and take them out.
Of course, he is likely to tell a different story. But even if he can show good reason to believe you were under the influence, I don't see how that would justify reaching into your pocket. That strikes me as an unreasonable, warrantless search and a Fourth Amendment violation.
This doesn't necessarily mean you can get the evidence excluded. The D.A. might argue that they inevitably would have found the drugs anyway if you had been arrested for riding while under the influence. Offhand I don't know how strong that argument would be. He might come up with other arguments too. But you at least have a very plausible claim that the evidence should be excluded.
You should get a lawyer right away. If you can't afford one, the court will appoint one for you. Discuss this issue with her, answer her questions, and see what she thinks.
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
