Legal Question in Juvenile Dependency in California
driving
my son is sixteen years old and one day he decided to take the car that his brother had given him for a drive around town, well the car was not registerd and it did not have a license plate so he took the plates from his sisters car and put them on his car and was driving around town then he stopped and went in to the store and when hecame out of the store, the police were there and they asked him if the car was his and he told them that his brother had given it to him then they searched him (I don't know why he was searched) but they found some marijuana in his pocket so he was charged with possession, driving without licence, no registration and wrong plates. was the search legal and can he be cited for driving without a license if he was not driving when the police called him over and talked to him?
1 Answer from Attorneys
Re: driving
Since your son voluntarily answered questions from the police, and, let's face it, he did a few other unsmart things, my guess is he probably consented to be searched, and the search therefore was legal.