Q: i was arrested and charged with felon with fire arm but it was ilegal search can they search just without consent help
my last conviction was over 13 years ago they also charged me with unserialized gun but was in pieces in the trunck please help what can they do what should i do
A:
If you've been charged, you should immediately consult with an experienced criminal defense attorney or ask the court to appoint you a public defender, and then discuss the case with your attorney as to what you should do.
- Law Office of Joseph Abrams, Anaheim, CA
A:
I agree with Mr. Abrams but with the qualification that you should consult with a criminal defense attorney who is experienced in 1538.5 Motions to Suppress evidence seized as part of an unlawful search.
Your previous question mentioned that you were stopped for some kind of problems with a light which is typically an infraction and the cop would simply write a citation. There would typically be no reason to search the interior of your vehicle out of a concern for his personal safety or other "exigent circumstance".
More to the point, you mentioned that the unassembled rifle was in the trunk of your car which, if you did not give consent, would be potent evidence that the search was unlawful.
However, be aware that cops lie and the police report may say that you gave consent.
Where is your case venued (i.e downtown Riverside, South West Justice Center in Murrietta, Banning)?
A:
much more info is needed
if you are charged, either you retain a private lawyer or request a public defender be appointed.
s/he will have all the evidence and be in the best position to advise you and discuss the merits of a 1538.5 motion to suppress evidence.
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