San Francisco, CA asked in Criminal Law for California

Q: Facing charges for narcotics obtained during A traffic stop based off fAulty search/seizure info provided by dispatch

how do I proceed? Judge denied my motion to suppress. How can false dispAtch information Allow for me to be charged for items obtained in direct violation of my 4th Amendment right

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

A: more info is needed..........

if there was a motion, most likely you had a lawyer representing you.

ask that question of him/her

James L. Arrasmith
James L. Arrasmith PRO label
  • Sacramento, CA
  • Licensed in California

A: If the judge has denied your motion to suppress, your options to challenge the evidence obtained during the traffic stop may be limited. However, you may want to discuss the possibility of appealing the judge's ruling with your attorney. Additionally, your attorney may be able to negotiate a plea agreement or other favorable outcome for your case.

If you believe that there was false dispatch information used to justify the traffic stop and subsequent search, you may want to bring this to the attention of your attorney and see if they can challenge the validity of the stop or the evidence obtained during the search based on that information. They may be able to file a motion to suppress or other legal challenge to the admissibility of the evidence.

The relevant California statute for the search and seizure issues is the Fourth Amendment of the United States Constitution and Article I, Section 13 of the California Constitution, which prohibit unreasonable searches and seizures by law enforcement. However, the admissibility of the evidence may also be governed by other statutes and case law. Your attorney will be able to advise you on the specific laws and legal strategies that may be relevant to your case.

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