Legal Question in DUI Law in California

You need to put up a good defense since this is a serious charge, but to answer your question, the search that happened to you will probably be labeled as "incident to arrest," (I am assuming they removed your socks because you were being incarcerated) and what they found will be admitted against you.

Additional facts could change the result, so you will want to work closely with your attorney.

It is possible to fight it. However it will be in the judge's discretion whether he allows the contraband.

If you would like to discuss this further please call my office at your earliest convenience.

JDH

Can you fight it? Of course. Can you get the evidence suppressed? That's up to the judge at the hearing on the motion that you'd have to bring. It will depend on all the facts, evidence, testimony, etc. Now, if serious about getting legal defense to do this, feel free to contact me.