Chico, CA asked in Criminal Law and Traffic Tickets for California

Q: illegal search?

So I got pull over cause my tags were expired and so the officer pull me over and came to the window and asked me "you know the reason why I pulled u over" and I reply yes cause of my tags. So the officer asked me and the passengers for our ID (3 people in the car) so we hand them our ID and then he went back to his car. 3min later he came back to the window and said" turn off the engine and step outside" as soon as I turn off the car he opens the door and I step outside the car and he told me to stand front of his car and so I did and there was another officer standing in front of the cops car so I ask him what going on and he said the guy in the back seat is searchable and so they took out each of us out 1 by 1 then later found drugs in the car but the drugs was in the front where the back seat passengers can reach to so after that they asked me who drugs do they belong to and I said it was mines so they charged me with the drugs and they didn't arrest me they just gave me a court da

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

A: what they are probably going to charge you with is Possession of Drugs............

NOT ownership. We drugs found on the seat, between seats, on the floor etc?

i assume one of the guys was on parole or probation with a search condition.

your case would have been stronger if you had not admitted it.

a lawyer would want to review the police report to see if an illegal search and seizure motion is warranted.

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

A: It sounds like the passenger was on probation or parole with a search condition. If that is the case, it was likely a legal search incident to arrest.

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