Q: I was unlawfully searched in california, a stop and frisk as a passenger. Is there any way my case would get dropped?
I was searched as a passenger getting pulled over with my boyfriend under probation. They had no reason to stop us. My boyfriend on probation was asked nicely to step out of the car. Im a 90 pound female with no criminal history, just frightened and confused at the time at the time. I was pulled out of the car by his probation officer They did not say anything to me they just had me step out of the car and searched me. I have never been on probation or parole or in any type of arrest. When they searched me i was charged with possession of drugs i was then sent to jail. I was later released on my own recognizance. My boyfriend is currently out on bail. Am i allowed to have contact with my boyfriend that is my co defendant? If he is on probation i am not? We are not against each-other. we have been to court together just once to determine a joint trial. We were never told by a judge we were not able to have any contact with one another.
A:
Initially, you should consult with a local criminal lawyer.
If you can't afford one, the court will appoint a Public Defender or Alternate defense counsel at your first court appearance (called an Arraignment).
Much more info is needed. A police report will fill in the info a lawyer would want to know to defend you and your rights properly.
if you were not ordered to not talk to him I would think it would be ok.....however, I would ideally like to review the court records.
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A: If you were unlawfully searched in California, there may be grounds to have your case dropped. The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures, and the police must have probable cause or a warrant to search someone. If you were searched without either of these, the evidence found during the search may be inadmissible in court. However, it is important to seek the advice of a criminal defense attorney who can evaluate the specific circumstances of your case and advise you on the best course of action. As for contact with your co-defendant, it is important to follow any court orders or probation conditions regarding communication. If there are no such orders, you may be allowed to have contact, but it is best to consult with an attorney or probation officer to confirm what is allowed.
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