Buena Park, CA asked in Criminal Law and Traffic Tickets for California

Q: What can my boyfriend do for his drug paraphernalia case tomorrow which was found during illegal search and seizure?

He was legally parked next to the curb w/other cars in a neighborhood and had just walked to the car to go look for paper he had in the glovebox when cops pulled up along side of the vehicle and demanded that he exit the vehicle immediately where they detained him and then searched the vehicle where they found drug paraphernalia in the rear of the car. They didn’t say the reason for detaining him and they handcuffed him and asked him questions. He recently bought the vehicle from a private party and the vehicle transfer and registration papers were already being processed at the time. The officers checked the paperwork and took the front and rear plate because they did not match the vehicle. After taking the glass piece they let him go with a ticket for drug paraphernalia. One, why did they take the license plates but not tow the car? The ‘drug paraphernalia was a clean clear glass tube that was bent in different directions and it wasn’t even in arms reach of where he was sitting.

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

A: more info needed.

if there is an illegal search and seizure explain the facts to your lawyer who can file a 1538.5 motion to suppress evidence and dismiss the matter.

remember they are charging him with possession AND NOT OWNERSHIP

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