Legal Question in Criminal Law in California

Last Saturday evening at approx. 7:30 PM I was in Irvine, Ca to pick up a rental car with a friend. The rental car place told us we couldn't get the car because they didn't accept prepaid credit cards. So we were searching for an internet cafe on my phone to rent a car from somewhere else around the airport (John Wayne) as nothing else would be open. I pulled into the Chevron on Red Hill & MacArthhur to get gas, looked in my rear view mirror and red lights this was after I had pulled in and turned off the truck. When I inquired as to why I was being red lighted he said, "You have a tail light out." Which 3 days later I found out I did not. We explained that we were from Anaheim and trying to find this internet cafe but we were lost and kind of glad to see him so he could tell us how to get there. He said "You're not far, it is just over there a little ways" and he pointed. Then asked for my license, or if I had a license. I said I only had my ID with me and gave it to him. he asked if I had a license i told him it expired like 10 years ago. He never asked for registration or insurance info. I asked him if we could switch drivers because my friend had hers with her. He said, "we will get to that."

Then he peeks around in the truck and asks to search the truck. I told him no. Then he asks again. I told him no again. So then he asked again and why do I have something in there I didn't want him to find. I told him no and no there wasn't anything in my truck (at the time I believed there wasn't) and that I do not have to let him search my truck, I am not on parole or probation. Now he is mad and trying to be intimidating. He then asked my friend if she was on parole or probation, she said no then offered up the info she had just discharged from parole 2 months prior. This whole time my friend and I are concentrating on him and unaware that another patrol car has pulled in and that officer was standing in the passenger door window. Now he tells me to get out of the car, I said "for what? we will switch drivers as my friend has a license." he says, "to be sure you can drive." He asked me do i drive a lot I told him no that we just wanted to get this car cause we were going to Vegas to celebrate my friend just getting off parole. now he is more than just a little aggitated with me, "just get out of the car" so I did now ihe wants to do a soberity check. I told him this is stupid I do not drink. So we did it and check my pulse so many times I could not tell you. He wasn't wrinting anything down so I find it hard to believe he could remember what it was each time he took it. he now has my friend sitting next to me by the gas pumps. he asked us both now if he could search the car and we both said no. He asked again 2 or 3 more times and we replied no. Now I was saying no because of the principal of the thing by now. he walked away. I could not see where he was as my truck is kind of big, so I asked the other cop where he was. he replies well I think he is by your truck. I said searching? he said he thought so , looks like it. I said I never said he could, he shrugs his shoulders, now it is dark out now so we have been there awhile. The other cop comes back and shows us a pipe. We both look at each other and said "Franky" he says what? we said "nothing" Now he asks who's it is. not mine we both reply. Now he wants to do the sobriety check again. He asks me if that is why I didn't want him to search the truck I told him no. now he is playing lets make a deal, saying there is no reason for both of us to go to jail if its mine just say so. Well it wasn't so there is no way I was going to say it was. Now he is talking about towing the truck so i asked him if someone claims the pipe will he not tow the truck he said he wasn't playing lets make a deal so I said fine and sat back down. Now all this has been going on a very long time. I would have to guess it was close to 11:00 by now. He finds 2 IDs and a SS card in my wallet and asked who's they were I told him I found them at jack n the box in Anaheim I just needed to get an envelope to mail them. He said when I said a couple of days ago. why haven't I done it yet, I forgot. Now he has a business card with tiny tiny little lock picks etched out in it. I have had this for like 4-5 years still have the envelope somewhere. Now he has my KD keys, what are these?...keys I said. to what? locks I replied. Now as you must imagine my patients are all but gone if hes taking us to jail I would like him to get on with it. More questions about the pipe....now he seperates us whos pipe we don't both have to go...blah blah blah. And that was exactly my attitude at this point. Now finally we are getting into the patrol car and he is going to call a tow truck. So I asked if he could just park it and let someone come get it. He hm and hawed but then said yes. He parked it in a parking place and it was clear then to everyone I am sure there was not one single light out. Then he left the lights on. Still very clear no tail light out, He also left the dome light on in the truck so the battery would be dead and alarm system disarmed he brought my purse but left Tracey's in the truck. Most of the stuff from my purse was also in the truck, He told me twice the keys were going with me to the main. Good I said. Finally off to Irvine PD. Now there we get to talk to 2 more cops and sit in holding cell still waiting to go to main jail. They were polite and a little to pleasant. more soberity checks tests again and they took blood. Which I said no to but they did it anyway. They kept my purse and I asked about my keys the female cop said she hadn't seen them but would ask. I never found out till I was bailed out at 4:00PM the following day that they were not with my property. So now I have to wait till the following day to get the keys and purse from Irvine PD which of course only I could pick up in order to get the truck from Chevron, which if it had sat there any longer would have been towed according to the teller insuide Chevron. It was after 1:00AM when we arrived at the main in Santa Ana, and just before lunch when we finally made it thru the loop and into the tanks. Now my question is ....Since there was not a tail light out wouldn't everything that followed be considered Fruits of the poisness tree?


Asked on 7/01/12, 9:44 am

3 Answers from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

You have numerous search and seizure issues here. But what is not clear is whether you were charged. If you were charged it is important that you have an attorney and that you discuss all of the facts with an attorney,

Read more
Answered on 7/01/12, 3:01 pm
Joe Dane Law Office of Joe Dane

After reading through all of what you wrote to finally get to your question... Yes - if the initial stop,was not supported by reasonable suspicion, then it is an illegal detention and everything is subject to being suppressed.

Read more
Answered on 7/01/12, 3:13 pm
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

I agree with Mr. Dane, and, adding on to that ... it is true that *in theory* everything found later is subject to being suppressed. If subpoenaed, the officer will likely testify the light was out whereas you will say it was not/ is not now ... then it is for the Judge to determine credibility. The mere fact the light appeared to be working fine a few days later, does not necessarily mean it was burning at the time. Electrical issues can be intermittent; I personally have had several intermittent electrical issues with various vehicles. And in any case, that is likely what the officer will say. What he surely *won't* say is "there was no tail light out, but I said there was so that I could search the vehicle." So, all this boils down to this - the fact that there may be a question as to whether the light was on/working at the time, does not (automatically) lead to a slam-dunk dismissal. Rather, it comes down to credibility and what the Judge rules. Other factors in the case may tend to make the officer more or less credible. The Judge will have to decide overall believability, based on the totality of the circumstance and report. I suggest you talk face-to-face with an attorney who regularly practices in the court where the case will be heard. Mr. Dane is located in Orange County. Good luck!

Read more
Answered on 7/01/12, 4:00 pm


Related Questions & Answers

More Criminal Law questions and answers in California