Hayward, CA asked in Criminal Law for California

Q: Okay so I was wondering if they this cop did an unlawful search of my vehicle.

I was pulled over because supposedly i made a left turn in a straight lane. But in my defense I didnt see any road marks and i even used my blinker. Anyways she asked me for my is or drivers license which I didnt have cause i left my wallet at the hotel room like a dummy. She said had me get out the vehicle and searched me and my car because she had to make sure I wasnt lying about not having it. She found drug pariphinillia and drugs in my car but i told her it was in there. Im not on probation or parole

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2 Lawyer Answers
David Stephen Kestenbaum
David Stephen Kestenbaum
Answered
  • Criminal Law Lawyer
  • Van Nuys, CA
  • Licensed in California

A: Unfortunately, the law allows the officer to search for your license or ID. Of course there are limits to where they can search.

You should consult with a lawyer in your area immediately; most offer free consultations.

Good luck!

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

A: MORE INFO NEEDED.

YOU SHOULD CONSULT WITH A CRIMINAL LAWYER IN YOUR AREA AS MOST OFFER A FREE CONSULTATION.

THE SEARCH WOULD PROBABLY BE ALLOWED B/C YOU DID NOT HAVE ID.

THEY COULD HAVE ARGUED YOU WERE GUILTY OF A MISDEMEANOR BY NOT HAVING ID AND SEARCHED YOUR CAR AS PART OF YOUR BOOKING.

YOUR LAWYER MAY STILL WANT TO RUN A 1538.5 MOTION

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