Westminster, CA asked in Criminal Law for California

Q: If I was search against my rights and they found drugs on me can I suppressed a motion and beated

I was stop for recycling or trash digging

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1 Lawyer Answer
David Stephen Kestenbaum
David Stephen Kestenbaum
Answered
  • Criminal Law Lawyer
  • Van Nuys, CA
  • Licensed in California

A: Too much missing information to give you an answer. For instance, are you on Probation for anything that may have Search and Seizure conditions? If you were caught committing a misdemeanor that you were going to be arrested for (as opposed to being given a citation) the officers can say their search was a pre-booking search or it was done for "officer safety" that are exceptions to the 4th amendment requirement of a Search Warrant.

When you appear in court, your attorney will get the police reports and be able to advise you as to the best course of action. Since LAPD uses Body Worn Cameras (BWC) we no longer have to guess or take the officer's version as to what really happened and if a Motion to Suppress pursuant to PC 1538.5 should be made.

Good luck!

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