Los Angeles, CA asked in Criminal Law for California

Q: Should my case be dismissed?

I was pulled over for a bad license plate light & was told that my license was suspended, which it wasnt. Thet asked to search my vehicle & i repeatedly told them no. They pulled my out of the truck and search me and found nothing & i still told them no searching my car. Then they decided to arrest me for driving on a suspended and then they searched my truck and found drugs that i had inside. They took me to the station before the tow truck showed up & let me sut there for about 3-4 hrs before the deputy who pulled me over came into the cell to ask me questions aboht the drugs. At that time he read me my miranda rights. Is that an illegal search or a violation of my rights?

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2 Lawyer Answers
Dan Moseley
Dan Moseley
Answered
  • Criminal Law Lawyer
  • Fresno, CA
  • Licensed in California

A: It was not a lawful arrest or search if they did not have a reasonable factual basis for believing your license was suspended or that you might be in possession of drugs. Unlawfully obtained evidence cannot be used in court.

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

A: It's best to consult with a criminal defense attorney regarding your situation. They can assess the specifics of your case and provide personalized advice based on the relevant laws in your jurisdiction. An attorney will determine if there are grounds to challenge the legality of the search and protect your rights throughout the legal process. Be sure to provide them with all the relevant details and follow their guidance.

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