unlawful search/traffic stop

[girlpirate]

What is the name of your state? CA

I was pulled over and was not told why I was being pulled over. I gave the officer my license and after he returned, he asked for registration and insurance. I explained that it was not within reach because i was currently fixing my car due to smog repairs but all dmv fees had been paid and that repairs were also being done per a state smog repair program. He asked me to exit the vehicle and when asked to stand by his vehicle was informed that i was being arrested due to a bench warrant (for a suspended license) from 2003. He cuffed me and asked if i consented to a vehicle search. I told him that I did not consent and he mumbled that it didn't matter. I was questioned about what he would find in my vehicle. I told him nothing unless my mechanic/cousin had left something in there. I was then put in the back seat of his vehicle.

He then asked why I might have a suspended license. I had a suspended license from 2003, but had taken care of it (which after my arrest, I verfied with DMV that I did not have a suspended license since 2003). He told me that DMV would have informed me and that paying fees could not fix that. I said that I had gone to court and took care of the suspended license. (I also assumed that by running my license intially, it would show that my license was suspended, so I did not question if that was true or not.)

He found drugs in my car, which I immediately told him were not mine and asked him to conduct a drug test or sobriety check. He demanded to know where the "pipe" was and I informed him that I did not have one. He search my bag and further searched my vehicle and did not locate one. After my vehicle was towed and my dog (who was in the car at the time of the traffic stop) was sent to the pound, he conducted a sobriety check. I passed and was told that he "had to find the card to tell him what to do since he never had anyone pass one of these tests and that it was clear i wasn't using."

I understand that as a result of an arrest that an inventory search will be done on my vehicle but that it restricted to items in "plain view." I assume that he did more than an inventory search because when I retrieved my car from the tow company, garbage from my back seat was all over the place and items from my school boxes were all over the floor.

I was not given a traffic citation for the traffic stop and because my bench warrant was for a failure to appear on a suspended license, and since my license was not suspended, I am unsure what kind of probable cause exsisted for a unwarranted search. I was not charged for being under the influence. In fact, i was booked for driving with a suspended license -- not failure to appear, as well as the possession charge.

I was also under the impression that if arrested outside the vehicle, that there is no cause for searching a vehicle. I was not threatening the officer's safety nor would I be able to "hide the evidence." Furthermore, if he was under the impression that drugs were in the vehicle, wouldn't he given me a sobriety check before the search? I only assume that he searched my criminal record and found a prior dismissed case of a drug charge and decided that this was probable cause. Yet, isn't that illegal?What is the name of your state?

[The Occultist]

The officer does not need to tell you why he pulled you over, he only needs to be able to articulate that if it is taken to court.
Once you were placed under arrest, he then had the right to search your vehicle. The "plain view" thing you came up with only applies when he has not been given the right to search. But as I said, he placed you under arrest, so he had the right to completely search you and your car. Where he arrested you is also completely irrelevant. Also, whether or not you were sober has absolutely NOTHING to do with whether or not you are in possession of an illegal substance.
I'm sorry, but it really seems like the officer had the full authority to do everything he did. This does, of course, depend on whether or not he can articulate to the court a good reason for the stop.

[CdwJava]

To support Curt's correct response, I add the following ...

If you were arrested on the warrant AND your license was suspended, your vehicle was impounded pursuant to CVC 22651(h) (driver arrested) and/or CVC 22651(p) (driver unlicensed). Further it is subject to a 30-day hold pursuant to CVC 14602.6.

In addition, the seizing agency may conduct an inventory of the vehicle including locked containers and portions of the vehicle pursuant to a written or unwritten policy.

From CPOLS (by the CA Attorney General):

Vehicle inventories are supported by three rationales:

- protection of an owner's property while it is in police custody;

- protection of police against claims of lost, stolen, or vandalized property; and

- officer safety. (Bertine (1987) 479 U.S. 367, 372; Opperman (1976) 428 U.S. 364, 369; Needham (2000) 79 Cal.App.4th 260, 266.)

Although vehicle inventories must be "reasonable" under the Fourth Amendment, agencies may go as far as they wish in their inventory policies. For example, it would be valid for a policy to include not only looking into every part of the vehicle, but also opening closed personal containers, such as a suitcase. (Bertine (1987) 479 U.S. 367, 372; Wells (1990) 495 U.S. 1.)

So, once you were in custody the inventory (aka "search") was lawful. The ONLY exception would be if the agency had no such policy or practice, or that the officer failed to document any such inventory ... but if there was nothing significant to indicate, then the documentation may be moot.

This is the most often requested document in my agency by attorneys - the impound policy. I do not know of any CA agency that does NOT have one ... but, I suppose, there might be one or two out there.

Find an attorney ASAP. And if the dope really was not yours, and you did not know it was there, consider getting a better class of friends to hang out with! I KNOW my friends aren't dropping dope in my car.

- Carl

[girlpirate]

I was told that i was being booked on a bench warrant for a failure to appear in court for a suspended license. However, my license is NOT suspended, nor is my registration invalid. All of my DMV fees have been paid and I have an extension to allow time to repair my vehicle, which i explained to the officer.

I was told initially, before the search was done, that I could not leave my vehicle where it was because it was a no stopping area. (The officer told me that I could contact a friend who could drive it away from the area. It was only AFTER the search and his findings that he contacted the tow company.) Furthermore, on the paperwork regarding my impound, there was no indication that it was taken to be impounded. It stated that the vehicle was NOT on hold and was available for immediate release.

So, if I have a warrant for a failure to appear on a traffic violation, I get arrested and sent to jail? I was pulled over last year because my tail light bulb was out. My drivers license was run (came back valid) and I was given a fix it ticket, which is why i was so confused as to why the officer kept telling me that I had a suspended license. (And why I was so shocked to verify with DMV that my license was valid and that I believed that the officer was correct in telling me that my license was not.)

As for my cousin who borrowed my car that morning, I am already looking into changing the lock system to my car.

Consequently, I have a PD assigned to me, but feel like my first interview was in vain. Is it recommended that I pursue a private attorney?

[weenor]

Originally Posted by girlpirate

I was told that i was being booked on a bench warrant for a failure to appear in court for a suspended license. However, my license is NOT suspended, nor is my registration invalid. All of my DMV fees have been paid and I have an extension to allow time to repair my vehicle, which i explained to the officer.

Doesn't matter if the DMV records were correct or not or if the bench warrant was erroneously issued- all that matters is his reasonably belief that there was a bench warrant-which according to your admission there was. He made a good arrest.

I was told initially, before the search was done, that I could not leave my vehicle where it was because it was a no stopping area. (The officer told me that I could contact a friend who could drive it away from the area. It was only AFTER the search and his findings that he contacted the tow company.)

Yeah because finding drugs gives them the right to impound the vehicle.

Furthermore, on the paperwork regarding my impound, there was no indication that it was taken to be impounded. It stated that the vehicle was NOT on hold and was available for immediate release.

As for my cousin who borrowed my car that morning, I am already looking into changing the lock system to my car.

Consequently, I have a PD assigned to me, but feel like my first interview was in vain. Is it recommended that I pursue a private attorney?

Evidently the PD told you that you don't have a defense to the possession charge? Consider the possibility that you don't.

[girlpirate]

Unfortunately, the PD did not give me any information at all. The reasons for not going to court have more to do with administrative problems (court date listed on my original traffic ticket are different from the failure to appear date.) I was in a different court in a different county taking care of the suspended license. All in all, this was three years ago. I had no intention of missing a court date.

The interviewer at the PDs office did not indicate if i had a defense for the possession charge. He did not seem concerned with my story nor did he indicate any advice on how to plead my case. The case at the PDs office is only for the possession and NOT for the failure to appear. The charges were not consolidated.

Certainly, the officer is correct in the arrest for a failure to appear. To be hammered with questions about why my license is still suspended and why I am driving -- when that is not true bothers me. I do not question the failure to appear charge at all.

I appreciate the information.

[CdwJava]

Originally Posted by girlpirate

I was told that i was being booked on a bench warrant for a failure to appear in court for a suspended license. However, my license is NOT suspended, nor is my registration invalid. All of my DMV fees have been paid and I have an extension to allow time to repair my vehicle, which i explained to the officer.

Apparently you failed to take care of a citation for at least a PRIOR suspension. The arrest warrant is all that was needed. It is a COMMAND from a judge to take you into custody.

The registration issue is moot with regards to the search. Though, if you had to "explain" that you had an extension, it would appear that said extension (i.e. a pink, temporary registration) was not properly affixed to the vehicle.

Furthermore, on the paperwork regarding my impound, there was no indication that it was taken to be impounded. It stated that the vehicle was NOT on hold and was available for immediate release.

When the police seize and move a vehcile, it is impounded. A "hold" is something else entirely.

So, if I have a warrant for a failure to appear on a traffic violation, I get arrested and sent to jail?

Yep. See above comment regarding a command from a judge to take you into custody.

Consequently, I have a PD assigned to me, but feel like my first interview was in vain. Is it recommended that I pursue a private attorney?

If you can afford a private attorney, how did you qualify for a public defender?

A private attorney might not get anything more done for you than a public defender, but he'll be happy to look busy because he gets paid by the hour!

The decision is yours as to whether it is worth the money or not. If this is a first offense and you are simply being charged with possession and not sales, then you could be lucky and obtain diversion through Prop. 36. Ask your attorney about this.


- Carl