Cop lied about why he pulled me over and I was given tickets from drugs in a bag that was not mine.

Question

I had given a homeless man a ride across a parking lot because I say hi to the man and throw him some money or food when I see him normally. He had asked me to do him a favor and go get lighter fluid from the smoke shop in the same center because they didn’t let him in. I had gone into the smoke shop and when I came out the guy saw cops and took off. I drove back across the parking lot because I needed to go to the grocery store and the cop put his lights on. I was already in a parking space. The cop told me he pulled me over because I had a known drug user in my car. They said they had been watching us for 30 minutes. They searched my car and found “drugs” and paraphernalia. I didn’t even know that the homeless man had left his stuff in my car. They didn’t tell me what the drugs or paraphernalia were. I know they were not mine! The ticket said the reason for the stop was because of a tail light. All of my tail lights are in working order. Is there any way to fight any of this?

James L. Arrasmith · Answer

Under California law, there are several avenues you might explore to contest the charges and the circumstances of the traffic stop and subsequent search. If the reason for the stop was allegedly due to a non-functioning tail light, but all your tail lights are working, this discrepancy could be used to challenge the legality of the stop. Documentation or evidence showing that your tail lights were in working order at the time of the stop could be pivotal. 
 
You have the right to question the probable cause for the traffic stop, especially if the initial reason given by the officer conflicts with the actual condition of your vehicle. Furthermore, the fact that the officer mentioned observing you for a certain period and stated a different reason for the stop during the encounter raises questions about the consistency and legitimacy of the officer’s claims. It's also important to challenge the association of the drugs and paraphernalia found in your vehicle, especially if you had no knowledge of their presence and they belonged to the passenger you were helping. 
 
In contesting the tickets and the charges, consider obtaining legal representation. An attorney can provide guidance on the best strategy to address the discrepancies in the officer's statements and the legality of the search of your vehicle. Legal counsel can also help in gathering evidence and witness statements that support your account of events, which could be crucial in your defense. Remember, each situation is unique, and the approach should be tailored to the specifics of your case.

Dale S. Gribow · Answer

You need to retain a lawyer ASAP.........either private or request a public defender. 
A private lawyer could try to talk to the filing deputy DA to explain things and preclude the filing. 
 
You may want to go to your car dealership ASAP to document that your tail light was working and that the police did not have probable cause to stop you.

Q: Cop lied about why he pulled me over and I was given tickets from drugs in a bag that was not mine.