Legal Question in Criminal Law in California

Search, seizure, ticketing.

A friend had pulled into his driveway which is about six miles out of town on a dirt road. A policeman followed him into his drive because he had a bad light on his utility trailer. The policeman asked him if he had a gun. He said, "No." "Do you mind if I take a look?" "No." The policeman proceeded to strip-search his vehicle, and then he searched him also. He concluded by writing my friend a ticket for driving inproperly on a "special use" license. The friend's license had been taken by the court, and he had been granted a license to drive back and forth to work. This license had expired, however, approximately one year earlier. My friend had not yet gotten his regular license, though he was entitled to it.

The question is, was an invalid ticket issued because it states the impropriety of his driving on the special license? I mean, sure, he should have gotten a ticket for not having a license at all, but he didn't. He cited for this other offense. Would the court invalidate this ticket? Was the policeman within his rights to follow him into his drive and then search both him and his vehicle?

Thank you,


Asked on 5/23/98, 7:29 pm

1 Answer from Attorneys
Larry Bruce Larry B. Bruce Attorney At Law

Over Stepping Cop

A complaint should be filed with the police Department for the overreaching of the cop. If you do not complain, why would the cop ever stopthis behavior. A policeman may not even seekconsent for a search when there isn't a reasonjustifying it. SEE, 280 Cal. Rptr. 80, 228 Cal. App. 3d Supp. 1 PEOPLE V. LUSARDI (App. Dep't Super. Ct., S.L.O. 1991) 1991 Cal. App. Lexis 1045

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Answered on 6/18/98, 11:24 pm


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