Q: can highway patrol pull you over on a basic traffic stop, not conduct the procedure, instead search my whole car?
got pulled over, basic traffic stop he said loud music. I Lost my DL but I was valid and since I couldn't find my wallet. they forced me out pat me down. had nothing on me. proceeded to search my vehicle with no consent. I had a large amount of cash. 35k neatly bank banded. I play high stakes poker at casino. they couldn't get in my trunk it can't open from the outside. they went through my back seats to open trunk I had a ghost fire arm in a magnet pelican case. in locked trunk. he placed me under arrest. was he allowed to search my car to that extent. I dont have priors and he never even conducted the traffic stop. I dont drink or smoke. oh and after they tore apart my Audi s5 looking for secret compartments thinking I was el chapo or something. they towed my car to the station called a trap team to do another search and they said they found .5g of meth have no idea what or where they found that. so basic traffic stop turned into 35k highway robbery and possession w/ loaded firearm
On the facts as presented, the search and seizure appears to be an unreasonable violation of your 4th Amendment rights. The vehicle can be stopped (and you detained) for reasonable suspicion of a traffic violation, but the lack of a driver's license does not justify a search of the entire vehicle looking for one. Additionally , if the normal duties attendant to a traffic stop are not even undertaken, the detention is by definition unduly prolonged, and a violation of your
of your right to be free from an unreasonable search and seizure. A motion under Penal Code 1538.5 is advisable. Take a look at Rodriguez v. U.S. (2015) 135 S. Ct. 1609; U.S. v. Evans 786 F. 2d 779 ( 9th Cir. 2015); and People v. Lopez 8 Cal. 5th 353 (2019) for good history and analysis of the issues.
John Karas and Dale S. Gribow agree with this answer
more info is needed.
however, with the little I have, it sounds like an illegal search and seizure.......however, a lawyer must review the police report to see if their version is the same.
either retain or request a court appointed lawyer at the arraignment (if you qualify)
Assuming everything you said is true (and I have no reason to doubt what happened as police officers use every opportunity they can invent to conduct an unlawful search having handled dozens of these type of cases), I suggest you hire private counsel to file what called a Penal Code 1538.5 Motion to Suppress all evidence seized. By that statute, if successful, not only will the criminal charges filed against you get dismissed but you'll get your money back.
In order to get your firearm back, you'll need to submit a form to the DOJ to verify your eligibility for its return. Here's a link to a PDF fillable form.
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