Q: In Ca, driver is on parole, pulled over for a brake lite, do the police have the right to question and search everyone?
I was arrested for some pretty serious charges the police officer stated he knew it wasn't my stuff but because it was on top of my purse and no one would claim it I had to go I think it was an illegal search though. I told them multiple times that I wanted my belongings out of the car so there was no confusing who's is who's. They wouldn't let me get out of the car with my stuff and wouldn't allow me to retrieve it after. The only person not on parole, last arrest in 2012. I went to jail for a gun that still to this day I haven't seen and about 100 grams of speed. Although not mine it was as they said in my purse. But tat isn't possible it was a back pack I had a small coach purse. Either way they had no way of knowing if it was or wasn't mine. I clearly told them 3 times they didn't have my permission to search
A:
More info is needed.
Make an appt with a local criminal lawyer or ask for PD
Remember there is a difference between Possession and ownership.
If it is your car they will tag YOU for possession.
Of course that doesn’t mean there is enough evidence to convict You .
A: If your question is can police search you lawfully for evidence that is admissible in court, the answer is maybe. It depends on the facts of the particular incident. A criminal law defense lawyer will have to review the details of the matter to better advise you. Good luck.
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A:
In some circumstances consent is not required, such as a search incident to arrest or seizure of contraband in plain view. You should consult with an experienced criminal defense attorney to discuss your case in detail and know all your options.
- Law Office of Joseph Abrams, Anaheim, CA
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