Legal Question in Traffic Law in California

Someone was driving my car while I was a passenger on our way to the store. When we were leaving the store, I was driving and was pulled over by Covina police. We were both pulled out of the car. A female officer from Glendora Police Dept. was called out to search me. I have no criminal record, Never been arrested. The passenger has a past criminal record, but has been in no trouble since 2005, and was not on probation or parole, yet my car was searched, I was grilled, harrassed and repeatedly called a liar, when they were unable to find the drugs they were convinced we had. I was never asked for registration or insurance only for my license , which is valid. The passenger was arrested for driving on a suspended license, my car was impounded with a 30 day hold, and I was simply let go.

At the time I was pulled over; Their was a Valid Licensed Driver, The Car was Insured and I was not under the influence of anything... Did they have the right to impound my car ? Can they hold it for 30 days ? Did they have the right to arrest the passenger for driving on a suspended license, though he was not behind the wheel ?


Asked on 1/25/10, 12:24 am

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

Maybe the Covina cop didn't tell the Glendora cop who was driving. There could be video from a patrol car dashboard camera that will show who was driving. You may well have a case for violation of your civil rights. Your passenger, who was falsely arrested, may well have a bigger case.

Is there something about this situation you're not telling me?

Remember, claims against public entities such as police departments tend to have very short legal time limits, so act promptly.

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Answered on 1/30/10, 1:06 am


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