Q: The frisk and search was simply because the driver was a parolee, I however have no record. As well as handcuffed.
Was later sent a letter stating a change of date of which this incident occurred. Never was I told why I was being cuffed or detained. They didn't find anything to have a reason to frisk me. All they said was ,"we're doing a standard parole search". Does this violate my 4th amendment? Only after being frisked they found narcotics for personal use.
A:
This is a fact driven issue as to whether they had the right to pat and frisk you for "officer safety" or some other reason such as furtive movements. You should make an appointment with an experienced criminal defense attorney to go over the facts in detail; most of us offer free initial consultations....
As far as possession of narcotics, those are now misdemeanors and you can avoid a conviction if you are eligible for either DEJ, Drug Court or Prop 36.
Good luck!
A:
more info needed to properly advise.
However, you should consult with a criminal lawyer in your area.
if you can't afford one the court will apppoint one for you. If the facts warrant s/he will file a 1538.5 motion to suppress the evidence.
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