San Jose, CA asked in Criminal Law and Civil Rights for California

Q: Investigatory detainment ends if im cleared by the person reporting the issue?

I was subjected to detainment at my storage unit. The police were alerted to a shirtless man with a shopping cart leaving the facility setting off an alarm. I was very well clothed and had my car infront of my unit.. iwas detained, showed my lease and ID. The manager also informed them I was not the cause or a concern. I asked several times to go my way, to which they said " they have nothing better to do". Then shortly after for the 3rd search around my car they said they saw a gun plain view. This was on private property, it wasn't a traffic stop. They opened the car without permission and searched my car. The horton test portion and inherent probable cause of a gun being illegal will ask separately.

From the original call I wasn't the person. They were told I wasn't the reason they were called. They should have left me alone then immediately correct? Any further detainment or search Is unlawful?

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1 Lawyer Answer
James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: See my response to your other question. Good luck. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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