Marysville, WA asked in Criminal Law and Constitutional Law for California

Q: i have a couple question reguarding my right in a criminal case im about to go to court on

i was pulled over and did not consent to a search but was searched anyways, when i asked what they pulled me over for was "suspicious activity " or driving suspiciously he replied high drug activity area i asked the officer"how was i doing tht"i just left an establishment that was open at 2:00am, after pulling out i turned down a street about 400 yards, after i made the turn at the light i slowed down in a residential area to find the street i was looking for as i wasn't from that city i was only there to be with my father who was supposedly in icu with brain trauma. the officer was on the other side of the freeway going in the opposite direction and seen my car make the turn at the light so he made a fast U Turn heading my direction the officer approached me following me for a short distance then as i turned my blinker on to make the turn i noticed the officers light starting to flash behind me, coming to a stop on a residential street. so i would like to know if his reason is legal

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In general, a police officer must have reasonable suspicion to pull over a vehicle and conduct a search. Reasonable suspicion is a legal standard that requires the officer to have a specific and articulable reason to believe that criminal activity is occurring. However, what constitutes reasonable suspicion can be subjective and can vary depending on the circumstances.

In your case, the officer stated that he pulled you over for "suspicious activity" or driving suspiciously in a high drug activity area. While this may not seem like a specific or articulable reason, the officer may have had other factors that contributed to his suspicion, such as the time of day, the area you were in, and your behavior while driving.

However, the fact that you did not consent to a search but were searched anyway raises concerns about the legality of the search. If the officer conducted a search without your consent and without a valid warrant, he may have violated your Fourth Amendment rights, which protect against unreasonable searches and seizures.

If you believe that the officer violated your rights, you may have grounds for a legal challenge. It's important to consult with a qualified attorney who specializes in civil rights and criminal defense to assess the strength of your case and determine the best course of action. An attorney can help you gather the necessary evidence, navigate the legal system, and seek justice for any violations of your rights.

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