Legal Question in Criminal Law in California

If you are found to be in violation of probation, you could be sentenced to anything up to the maximum for the conviction that got you on probation in the first place.

In addition, if there was enough meth in the "empty" bags to constitute a usable amount, you could be charged with a misdemeanor or felony.

In order to stop and search you, the officer would have to have a reasonable suspicion that you were committing a crime. Your attorney should look at the legality of the search; if the officer didn't have a reason to stop you, the evidence could be thrown out. If you can't afford to hire an attorney, the judge will appoint one for you.

And don't be surprised if your attorney is a little suspicious about the borrowed coat story. I'm sure it really happens sometimes, but lawyers hear it so often that it's a running joke.

The first thing I am going to suggest you do, is go out an hire an attorney. This is a serious situation and if you continue to spend time trying to figure out what may or may not happen to you, the situation could get worse. To accurately answer your question is really impossible since the facts you have provided are incomplete. However, I can tell you that If you are currently on probation the question is are you on searchable probation? If you are on searchable probation, then the officer had every right to search you and what you were wearing for absolutely no reason. However, if you are not on searchable probation the facts surrounding why you were detained and searched start becoming extremely important. In your question you stated the officer found 2 empty bags in either his wallet or his coat. Why don't you know where the meth was found? were you observing the officer when the jacket/coat was searched? Your facts really open up more questions that will become important. I suggest you find an attorney immediately. Mr. Marshall's answer is absolutely correct. I especially agree with his comment about the borrowed clothing. The best one I heard was when I was on a ride along and the suspect stated the pants he was wearing were his cousins and then he did not know his cousins name. What this illustrates is that Officers are told this type of story all the time. So although it may be true the reason you are getting some comments about it is this is a very common story and it rarely is true.

The information contained in this message is general legal information and does not create an attorney-client relationship. It is impossible in this type of forum to give accurate legal information. This communication between the parties is not privileged under the attorney client relationship.

Good Luck

Brian McGinity