Yucca Valley, CA asked in Criminal Law for California

Q: Did the officer do an illegal search on our persons that we did not consent to. He found drugs on my 2 passengers

was coming home from the local market 12:05 am had 2 passengers in the car (current registration and insurance, lic is suspended.) cop informed me that i was stopped for doing 50 in a 40 zone. I started to hand him my reg & insur paperwork but he refused and asked for my lic instead. told him the status of my lic and he ask for name which I provided, he then asked my passengers to Id themselves which they did though they had done nothing suspicious, there was nothing in plain view or in their behavior to warrant the request, he searched us all.(without consent, was not a weapons pat down) One of the passengers a female informed him she felt uncomfortable having him search her person and her purse, he did so anyways he then asked me if he searched my car would he find anything illegal I told him no, he proceeded to search my car and the personal belongings of my passengers without consent, drugs found passenger belongings they were cited i was not. can they fight and win case?

Related Topics:
2 Lawyer Answers
David Michael Lehr
David Michael Lehr
PREMIUM
Answered
  • Criminal Law Lawyer
  • Ventura, CA
  • Licensed in California

A: Did you give him a valid driver's license when the cop asked for it? If not cops can search for your ID.

If you gave him you license, then your facts sound like an illegal search.

Good luck!

Joseph Abrams
Joseph Abrams
Answered
  • Criminal Law Lawyer
  • Anaheim, CA
  • Licensed in California

A: This is a close issue. Some things to keep in mind are that a traffic stop can be considered an "arrest" since you are not free to simply leave, and police are allowed to conduct a search incident to an arrest. I think there are meritorious arguments for and against the legality of the search you describe.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.