(CA) PLZ HELP: COURT IN 9 HOURS! Petty Theft & Subsequent Warantless Vehicle Search

[TheTruthFairy]

(CA) PLZ HELP: COURT IN 9 HOURS! Petty Theft & Subsequent Warantless Vehicle Search

My vehicle was searched by L.P. and then by Police officers subsequent to my arrest for petty theft even though I was nowhere near my vehicle.
They took my keys from my pants pocket after cuffing me and proceeded to search my vehicle without asking and while my vehicle was out of my view. They looked through everything in the trunk and passenger area including a small zipped pouch inside the closed center console where they found a small amount of a controlled substance. There was nothing else of interest relative to the crime I was under arrest for.

QUESTION:
1) Were they justified in their warrantless search and in the manner it was executed?
2) Will a motion to suppress for evidence found subsequent to the warrantless search of my vehicle have any chance of being granted?

ANY AND ALL INPUT IS GREATLY APPRECIATED.

 

[quincy]

My vehicle was searched by L.P. and then by Police officers subsequent to my arrest for petty theft even though I was nowhere near my vehicle.
They took my keys from my pants pocket after cuffing me and proceeded to search my vehicle without asking and while my vehicle was out of my view. They looked through everything in the trunk and passenger area including a small zipped pouch inside the closed center console where they found a small amount of a controlled substance. There was nothing else of interest relative to the crime I was under arrest for.

QUESTION:
1) Were they justified in their warrantless search and in the manner it was executed?
2) Will a motion to suppress for evidence found subsequent to the warrantless search of my vehicle have any chance of being granted?

ANY AND ALL INPUT IS GREATLY APPRECIATED.

I suggest you plead "not guilty" at your court hearing tomorrow and, before the next scheduled hearing, hire an attorney. Good luck.

 

[TheTruthFairy]

Thank you Quincy. Already pleadNG at arraignment. I have a Pub Def but he seems less than interested in filing a motion. He won't even meet with me in person to discuss the case. Says he is too busy and it is best to take advantage of having gotten ahold of him on the phone. Just makes me wonder .... can I request a new Pub Def?

 

[LeeHarveyBlotto]

Thank you Quincy. Already pleadNG at arraignment. I have a Pub Def but he seems less than interested in filing a motion. He won't even meet with me in person to discuss the case. Says he is too busy and it is best to take advantage of having gotten ahold of him on the phone. Just makes me wonder .... can I request a new Pub Def?

You can ask with no guarantee that the request will be granted.

 

[quincy]

Thank you Quincy. Already pleadNG at arraignment. I have a Pub Def but he seems less than interested in filing a motion. He won't even meet with me in person to discuss the case. Says he is too busy and it is best to take advantage of having gotten ahold of him on the phone. Just makes me wonder .... can I request a new Pub Def?

One of the major differences between having a public defender and a private attorney is that a public defender often has such a large case load that s/he can only devote a small amount of time to each case. This often means that time can't be spent meeting with you in person to discuss your case, except for perhaps a few minutes before the hearing. This can be true of any other public defender you might get as a replacement.

The large number of cases having to be assigned to each public defender is, unfortunately, a problem recognized throughout the country.

 

[OHRoadwarrior]

The magic answer is it depends. Might have been probable cause, might not have been. You were not near the car so you can't testify to squat.