Legal Question in Criminal Law in California

Wrong Place Wrong Time

I had used my wife's truck to haul some trash to the local landfill and had a guy who works for me help. While we were using the truck he and I both used some meth by snorting it in the back seat. The stuff was his and after we each did a line we got back into the front and continued our tasks. Returned the truck about 1:20 pm and my wifr had a doctor's appt at 1:45 in a neighboring town and only had a few minutes to get there. Well my friend forgot and left the dope in the back seat and not knowing anything about it my wife speeded off to her appt. She must have been driving pretty fast and crazy because she got to her appt on time but someone had called the police about her radical driving and when she came out of the doctors a cop was waiting for her and he had alredy seen the dope in the back seat and questioned her about it she said I don't have a clue but he arrested her anyway. Does she have a chance of getting out of it or am I going to have to admit that it was mine because my employee will not claim it and so I will have to. Or will the judge or the DA say yeah right that's quite nobel of you but she is the one who was arrested and the one were going after. It sucks she spent 5 days in jail, no OR had to bail on $30,000


Asked on 10/29/05, 1:34 am

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Wrong Place Wrong Time

the general rule is that a police officer must either have a warrant, probable cause or have a motorist's consent to search a vehicle, or else the evidence is deemed inadmissible and a violation of the person's right to privacy under the 14th amendment due process clause. however, there is another warrant exception here that does not play out in your wife's favor ("the plain view exception). if the police officer clearly saw and could accurately recognize the "parafanelia" in your wife's truck, this would give the police officer probable cause to search the vehicle, absent your wife's consent or a search warrant, since the evidence was in jeopardy of being "lost" if your wife were allowed to merely drive off before a warrant could be obtained. so, this exception will probably allow the evidence collected into evidence unfortunately. however, there may be other circumstances that have not been discussed in your facts that could in fact work in your and your wife's favor. so, your best option here would be to IMMEDIATELY consult with an attorney to go over ALL of the facts from start to finish, in order to see if there are any legal "loopholes" that could get the charges dismissed or reduced ASAP. if you would like further assistance, contact us today.

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Answered on 10/29/05, 1:49 am


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