San Jose, CA asked in Civil Rights, Constitutional Law and Criminal Law for California

Q: I was pulled over for expired registration Im not on probation or parole. I didn't agree for the police to search my ca

they searched my car found a dager and arrested me after patting me down. upon getting to booking I had a security sensor attached to my pants that was setting off the metal detector so I was told to drop my pants.

After doing so the arresting officer shook out my pants then tossed them to the far corner. Then out of my view went to the right then back to the left where my pants were on the floor picked them up and took them to the booking officer. at which time the booking officer shakes them again then reaches down and picks up something then hands a sock to

arresting officer at which time the arresting officer reveals 16.9 plus 2.6 grams of meth.

my question is can i prove a illegal search and seizure act?

I had been searched twice and they had found nothing. Now they are trying to charge me with bringing narcotics into the jail.

San Jose, CA

1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: Maybe, but more info needed.

sounds like an illegal S&S.......but if they were going to book you then they need to inventory everything for the record.........their summary will probably have the facts different from you.

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