illegal search of car after being attacked

[Ingabrat]

What is the name of your state? California. a friend I have went to visit a friend of his at about 10:00 pm. when he arrivred at his friend's house, as he was walking up to the door he heard a big commotion from inside the house. one of the residents of the the house was violent, was screaming and swearing at his brother. he was also breaking furniture and physically assaulting the younger brother. my friend, "rick" heard the fight and went to go back to his car and call for help. before he got to his car, the violent brother and 4 or 5 other men came outside noticed rick and they attacked him. the older brother was out of control and tried to stab rick. rick used pepper spray on all the men to defend himself and right then an off duty parole officer happened to drive by. he saw the situation and jumped out and drew his gun. he told everyone to stay put and was pointing his gun specifically at rick who had the pepper spray in his hand. all of the attackers fled and rick did as he was told, assuming since he was the victim he would be treated fairly. the officer held him there until on duty officers arrived and when they rick explained the situation to them. they asked for his id and when he took it out of his wallet they questioned him about why he had so much money in his wallet. he had just cashed his income tax return that day. they demanded to see the check stub and when he said he didn't have it with him they went to his car and searched it without his permission.they found drugs and a scale in his car and arrested him for possession with intent to sell. i don't condone rick having the drugs for any reason, but was it legal to search him at all under the circumstances?he went from being attacked to being arrested in about one hour!

 

[HomeGuru]

What is the name of your state? California. a friend I have went to visit a friend of his at about 10:00 pm. when he arrivred at his friend's house, as he was walking up to the door he heard a big commotion from inside the house. one of the residents of the the house was violent, was screaming and swearing at his brother. he was also breaking furniture and physically assaulting the younger brother. my friend, "rick" heard the fight and went to go back to his car and call for help. before he got to his car, the violent brother and 4 or 5 other men came outside noticed rick and they attacked him. the older brother was out of control and tried to stab rick. rick used pepper spray on all the men to defend himself and right then an off duty parole officer happened to drive by. he saw the situation and jumped out and drew his gun. he told everyone to stay put and was pointing his gun specifically at rick who had the pepper spray in his hand. all of the attackers fled and rick did as he was told, assuming since he was the victim he would be treated fairly. the officer held him there until on duty officers arrived and when they rick explained the situation to them. they asked for his id and when he took it out of his wallet they questioned him about why he had so much money in his wallet. he had just cashed his income tax return that day. they demanded to see the check stub and when he said he didn't have it with him they went to his car and searched it without his permission.they found drugs and a scale in his car and arrested him for possession with intent to sell. i don't condone rick having the drugs for any reason, but was it legal to search him at all under the circumstances?he went from being attacked to being arrested in about one hour!

**A: are you telling us your friend rick IS NOT a drug dealer and that there possibly may be a CA law preventing someone from being both attacked and arrested within an hours time?

 

[calatty]

When the police arrest someone in their car or who just occupied their car, they are allowed to search the car incident to the arrest. From the facts you give, it does not appear that Rick was in the car or a recent occupant, so it sounds like it was not a legal search incident to arrest. The police may claim he gave them permission to search the car, which would make the search legal.

 

[stephenk]

Did Rick say the stub may have been in the car? That may have been enough to allow the police to search the car.

By the way, you know the money Rick had was not from cashing his tax check. Was the money all in crumpled $5 and $10 bills?