Legal Question in Criminal Law in California
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I was pulled over for an Infraction of the VC. Subsequent to that, PO asked if he could search my Vehicle. I replied ''no''. He asked me a total of 7 times, he then made ma a deal, IF I were to let him search my Vehicle, he would NOT charge me for a Speed violation. Knowing this wasn't too kosher, I consented. Police 'claimed' to have found less than an OZ of Marijuana.
Where in the Code may i find the Case Law to Defend this?
I live in California.
3 Answers from Attorneys
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Both prior attorneys are correct. Rather than try to handle this yourself, you should retain an attorney. Please feel free to contact me for a free consultation.
Re: search
You won't. 'Codes' don't contain case law. Nor do they show you the procedures you will need to follow. If you aren't going to hire counsel that knows how to file suppression motions and conduct hearings ant trials, you're going to have to go to the law library and start studying. If you change your mind, feel free to contact me.
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OK, for starters, let me explain attorney Nelson's response, because he is correct. There is no case law in the codes. The codes are the rules and case law is what determines how the codes are to be implemented. Case law must be researched by topic and by following case by case. This is why attorneys are paid, because we were trained to do this research and the proper way to produce the results of the research in a light most favorable to our client(s). That being said, let me ask a couple of questions...
Are you a CA medical marijuana patient or was the possession for recreational use? Was the ticket/summons you received for the possession only? Was the ticket received in Irvine? Local PD or OC Sheriff?
Attorney Nelson is close to your area, I would recommend you contact him. If you do not mind traveling to Pasadena, our office or our criminal attorney affiliate, Donald Schweitzer, can also assist you.
We can be reached at the address, phone and email provided by Lawguru.
Good luck and take care,
Scott