Legal Question in Traffic Law in California

A man was stopped for jaywalking while riding a bike.

He rides out the driveway of apt complex, looks both ways notices white unmarked SUV sitting 114yards down the frontage type rd (no other cars parked or driving) and crosses street into driveway of convenience store. A guy standing by SUV waves, the man waves back. Man gets off bike goes in store when he comes out 3 police swarm him ask if hes on probation man says no, ask if they can search him, man says no, they frisk him; ask for his ID, man starts to get it and they pin his arm and search him. The police report says man ok'd search-HE DIDNT, also says police found small baggie in garbage can outside store and man said it was his-NOT TRUE. How can he prove what really happened? Should this even need to be discussed after the ''bad stop''


Asked on 4/17/08, 3:10 pm

1 Answer from Attorneys

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

Re: A man was stopped for jaywalking while riding a bike.

Your Friend needs to get a lawyer and fight this all the way. I would have the lawyer call the store's legal department (do not do this yourself) tomorrow and demand that they preserve any video.

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Answered on 4/24/08, 9:20 pm


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