Q: I was pulled over for, "licence plate out". I was pulled out of my car because the 2 cops(with guns) saw a knife on my
Backpack. They asked to search my car, I declined.
They called a K9 unit and proceeded to search the car regardless of my refusing permission.
They found some controlled substances and aluminum knuckels. I was arrested without Miranda rights. And am in court now. I was never cited for the plate light out
A: The search may have been unlawful. If so, evidence obtained will be inadmissible in court. But to be sure, an attorney will have to review the facts of the incident as stated in the police report, as well as discuss the incident in full with you. A delayed or unadministered Miranda warning may be relevant if you made an incriminating statement while in what is called "custodial detention." Good luck.
A:
Oh yes... the old 'license plate light' stop...leading to dog searches and the violation of your 4th Amendment right to be free from unreasonable search and seizure! Any traffic violation is justification for a vehicle stop. From there, however, is some good law in challenging these types of end- around -your- rights police behavior, that may well warrant a Motion to Suppress
(1538.5 P.C.). The issuing of a simple fix it ticket cannot be delayed to bring in dogs for a search. Rodriguez v. U.S. 135 S. Ct. 1609 (2015); see also U.S. v. Evans 786 F. 3d 779 (9th Cir. 2015). If the knife wasn't otherwise illegal, it provides no reasonable suspicion of criminal activity, and no threat to law enforcement, once you were removed from the car. There may be some things for a good lawyer to explore. Best of Luck!!
A:
Based on what you wrote, you appear to have a tailor-made situation for a Penal Code 1538.5 Motion to Suppress the evidence seized.
Since you apparently are in the Ontario area, West Court in Rancho Cucamonga is likely to be where the criminal charges have/or will be filed against you. FYI, unlike in the past, Judges currently assigned at West Court are more likely than not to deny such motions based on my experience at that court house.
I suggest you consult with criminal defense attorneys who are skilled and experienced in illegal search and seizure issues to craft an iron-clad 1538.5 motion. Not merely "negotiators" but who aggressively defend their clients.
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