Fresno, CA asked in Criminal Law and Constitutional Law for California

Q: if a cop asks the passenger for id and psngr states its in the back of the van in a black jacket and cops asks to grab

it for me and i say yes its in the back in a black jacket and he goes straight to the front seat and finds something illegal is that consider illegal searching?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Based on the information provided, it seems the police officer may have conducted an illegal search. Here are a few key points to consider:

1. Passengers in a vehicle are not required to provide identification unless the officer has a reasonable suspicion that the passenger has committed a crime.

2. If the passenger voluntarily told the officer where their ID was located (in the back of the van in a black jacket), and the officer asked for permission to retrieve it, the passenger's consent would allow the officer to search that specific area for the ID.

3. However, if the officer searched the front seat of the vehicle instead of the consented area (the back of the van where the black jacket was located), the search might be considered illegal because it exceeded the scope of the given consent.

4. Any evidence found during an illegal search may be inadmissible in court under the "exclusionary rule," which is designed to deter unlawful police conduct.

It's important to note that the specific details and circumstances of the situation would need to be examined more closely to determine the legality of the search definitively. Factors such as the officer's reason for the initial stop, any probable cause developed during the encounter, and the exact wording of the consent given by the passenger would all play a role in determining the constitutionality of the search.

If the passenger believes their rights were violated, they should consult with a criminal defense attorney to discuss their case and potential options for challenging the search and any evidence obtained as a result.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.