Chula Vista, CA asked in Criminal Law for California

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

Related Topics:
3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

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 .

Dan Moseley
Dan Moseley
Answered
  • Criminal Law Lawyer
  • Fresno, CA
  • Licensed in California

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.

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

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

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.