Legal Question in Criminal Law in California

right to search

my boyfriend is out on bail and was pulled over, the police report said firt it a for running a top sign, then expired tags, the officer said he looked like he was under the influence so they did field test and he passed, while getting the test another officer search his car without permission, took the front dash off and found a gun, before he was placed under arrest. His vehicle was stolen about a month prior and when they found it a man was arrested with two guns. He told me to look up knowles vs Iowa, does that apply here, so that evidence can be suppresed?


Asked on 3/08/05, 3:14 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: right to search

Knowles v. Iowa could apply to this case. It involved a traffic stop for speeding and during the stop the police pursuant to a state law searched the vehicle. The US Supremen court found that such conduct voilated the 4th amendment. YOu need to retain an attorney to review the facts and then show how the facts in this case fit the finding in the Knowles case.

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Answered on 3/08/05, 10:43 pm


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