Salinas, CA asked in Civil Litigation, Traffic Tickets, Criminal Law and Civil Rights for California

Q: I was pulled over cause I had a little crease in my license plate, that he had difficulty reading my plates his excuse.

So he detained me for more than half an hour, then opened my door and pulled me out of my vehicle. I told him I did not consent to any searches. He padded me down and reached in my pockets. I had a pipe and meth. Placed me under arrest search my vehicle found a gun unloaded in a box buried under the seat. I was not on probation/parole or under the influence. I have an affidavit from the owner of the gun stating it was an family heirloom given to me to safe keep. I am currently fighting my case for false imprisioment, 4/5th amendments violated. Illegally detained/search/seizure. They're trying to make it a felony cause I had a felony drug possession 15 years ago and nothing else on my record. They advise me to sign up for prop 47 to get that old felony reduced to a misdemeanor. I'm out on bail since 4/17. I have a trial lawyer but she's just trying to cut a deal and not trying to get it dismissed. Never read me my Miranda rights.

1 Lawyer Answer
John Stanko
John Stanko
  • Criminal Law Lawyer
  • San Rafael, CA
  • Licensed in California

A: It is difficult to assess the issues related to your case without seeing the police reports and any body worn camera footage which may exist.

You should sit down with your current attorney to go over all issues concerning possible violations of your constitutional rights.

With that said, in any vehicle stop case the officer must have reason to believe a crime has been committed to stop your car. An obscured license plate could provide the officer with legal justification to pull you over. Once stopped, the cop must have cause to detain you and then probable cause to arrest you. Since you didn't consent to the search it may have been done in violation of your 4th Amendment rights.

Again, please consult with your current attorney concerning the validity of the officer's actions.

Good luck.

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