Asked in Criminal Law for California

Q: I was stopped on my bicycle for no tail light the officer had me down for weapons and he felt somethin amd asked if he

My pocket and make sure it wasn't a weapon I agreed but then he proceeded to go through my backpack and he found some drugs did he have the right to do that I'm not on search and seizure

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2 Lawyer Answers
William M. Weinberg
William M. Weinberg
PREMIUM
Answered
  • Criminal Law Lawyer
  • Irvine, CA
  • Licensed in California

A: If you consented to the search of your backpack, it’s very unlikely that a judge would throw out the case because the police officer had permission to search the bag.If he didn’t get your permission and just took the bag and searched it and your lawyer should bring a suppression motion.

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

A: more info needed

if you gave him permission to search a judge will not rule for you in a Search and Seizure Motion.

i would bet the officer would say you gave him permission.

how old are you?

do you have a record or prior issue with this officer?

was it at night?

witnesses?

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