Legal Question in Criminal Law in California

wasthere probable cause to search

i was riding my bike and saw a friend walking on the street, i said hi then road away across the street. i turned to see a sherrif stopping to talk to him then handcuff him. i diddnt want any trouble so as i started to ride away the cop called my name to come over there. i put my bike down and ran across the street. he proceded to ask if ihadany drugs and felt my pockets finding nothing. i said why am i being searched i wasnt stopped. hepatted me down again then told me to give him my backpack. i dont know why i did, i wasnervous and so then he found drugson me. i wasnt even with the other guy, what are myrights please help i knowthat hefound drugs but why was i searched

plus he also tried to put mybikeon the front grill only to haveit fall off going down the highway, he didnt put our seatbelts on andhe neverhad a female officer search me hedid


Asked on 10/19/04, 11:28 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: wasthere probable cause to search

Based on your account, the cop did not have probable cause to search you for anything but concealed weapons, if that. Of course, the cop may lie about the circumstances of the search. Don't plead guilty no matter what they tell you (I am assuming you are 18 or over and you are not on bail, probation or parole). Demand that your public defender file a motion to suppress the drugs. If he or she doesn't, write me back and I will tell you how to file a complaint with the state bar.

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Answered on 10/19/04, 12:47 pm


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