Legal Question in Criminal Law in California
I was stopped by a CHP in a residential area after passing the CHP parked on opposite side of street, 9;20 pm, I am followed until as I make rt turn a rail crossing comes down and we wait 4-5 min until train clears. As i begin to resume I am pulled over in a dark ,dirt lot next to the tracks. The COP says the only reason was an expired tag, thge tag was late arriving from DMV, also DMV web site has a posting regarding 30 day grace period,and law enforcement is aware ,and will not site, the fees are pad and insurance paid,and the car I am in is been loaned to me for a couple hours . Alsoi CHP has boasted there on board data for real time data base includeing its gps and officer safety, so given that info and time to wait at rail crossing, this cop already had knowledge about the registratin and VIN being a lagitamate car, and lied to me for reason of stop and was not ticket for stop ,really he had no legal basis to stop me, next after a licence staus ,i can hear that a warrant from a 1992 fta in clear lake , I did not think it was valid ,and he asked if they were going to pick me up, it was said ,no,and to cite and release, then the cop said he does not cite and release, then told me to get out of car ,i am under arrest, as i step out I am grabbed and patted down, no asking of consent or any miranda, after his pat down ,I tell him i have weed in my pocket he grabbes that and all my personal proprty, then I was told to go stand in front of my car he opens door of cop car and is reaching aound behind himself ,when suddenly he charges me saying I threw something and right at his feet he picks up a baggy and says is this your cocaine , and cuffs me and shoved front seat where I sit AS three other cop s show up, and after some time the cop now says possesion of meth, to this day I have never been show what he had or how much ,I never was shown what he found, now at the police station I am given eight dyifferent test and at the end of those he says not U/I but then ask if I was drinking ands gives a breathalyzer which showed a 000,now WE are leaving police station for jail and as were entering freeway he say something about miranda and we then are traveling at 85-95 mph and I am cuffed behind back in front seat of CHP car, I bail out and get home, the next mourning I meet owner at tow yard to get my groceries , on the 180 report it said I was under influence and in possession of marrijanna/ meth. The owner was very pissed about being U/I. and was confused to me telling them I was put through alot of b/s and I was very sober, the owner called the cop who wrote report onlt to be told that I was not U/I and another cop wrote report but would not give name, now at court I learn that after pulling me over he smelled weed and then I tried to destroy evidence, and never was that mentioned to me or any consent to search, also what I was arrested for,now anothe cops name is on that and like that come after all the othe events ,this cop has manipulated the system and he should be brought to a hearing
2 Answer from Attorneys
This kind of conduct is not all that unusual. Many of my clients over the past 20 years have voiced the same type of conduct by law enforcement. I've been fighting this type of conduct for a very long time. You simply have to fight this type of police conduct by obtaining the most experienced attorney you can, and fighting the charges. I wish you well and if you desire to speak further, give me a call..........David Wallin
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