Legal Question in Criminal Law in California

Search of Vehicle upon arrest

When it comes to the search of a vehicle uponthe arrest of a driver, the federal case precedent controls the answer in California. The federal decisions are absurdly on the side of allowing such searches. Essentially,if an arrest is made, a search is allowed even if the arrest is for a violation unrelated toany justification for the search. eg. a searchfollowing an arrest for driving on a suspendedlicense. There just would not be any "evidence"rationally to be located in the car. Nonethelessthe search, which usually has produced drugs,is validated under federal decisions. The federal decisions also allow a search basedon the officer's fear of weapons, even if thesuspect is already arrested, handcuffed andin the rear of a police unit. The fact thatsuch rationales are absurd is obvious to allbut the federal courts and, of course, thepolice. Sorry to be the bearer of bad news.

Search of vehicle

All your questions are valid inquiries, but unless you are capalbe of acting as an attorney, there may be no reason to raise them with anyone except your attorney. He or she can take these issues and detemine how they will affect your case; other than that, they are interseting but proably moot points.Find an attorney to represent you or the person whom these wuestions relate to, and riase these questions.

I AM NOT YOUR ATTORNEY, AND YOU ARE NOT MY CLIENT; THEREFOE, YOU SHOULD NOT CONSIDER THIS LEGAL ADVICE FROM YOUR ATTORNEY.