Home     Law Advice     Insurance Advice     Community    
Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Arrests, Searches, Warrants & Procedure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 06-10-2009, 05:35 AM
Junior Member
 
Join Date: Jun 2009
Posts: 1
Angry

my search & seizure rights ???


What is the name of your state (only U.S. law)? orange,ca
no warrant , I'm not on probation.I was in my garage with a roll up type door about 3/4 closed.proped open to let in sunlight on my lunch break from work.I heard something outside my garage.so i went to roll my garage door open to check and go back to work.surprise two police officers.still in my garage rolling garage door up so i can see their faces to my left.I hear to my right,which I didnt even see him."don't move, I see a pipe in your pocket." he lundges a good 3 feet inside my garage and puts me against my table saw.they search me and find in my pack of smokes a little bag of speed.also in my pocket wrapped in paper towel, a pipe.I was wearing dark black dickie work pants and a dress button up white shirt.x ray vision ????
prop 36 eligible, my public defender brings me papers to sign.on them are probation rules,search & seizure waivers.I looked over at him and said,"My rights have already been violated or I wouldnt be here."so hes going to file a motion.
do I even have a leg to stand on.can or how do i get the evidence dropped
  #2  
Old 06-10-2009, 07:08 AM
Senior Member
 
Join Date: Feb 2007
Posts: 8,287
Let me get this right, you opened the door 1/4 of the way to let "light in to the garage." Are you sure it wasn't to let the smoke out? Anyhow, you can try and challenge whether he could see a pipe in your pocket, but chances are that's not going to work. Given the probable cause that you had paraphernalia the rest of what follows is in no way a violation of your rights.

I can see the eyes rolling on the PD at your last comment. You're guilty as sin, and you should be working on getting PC1000 or whatever diversion opportunities are available for you.
__________________
I'm not a lawyer, but I did stay in a Holiday Inn Express last night.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 04:47 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.