Are these 2 charges still valid?

[lift]

What is the name of your state (only U.S. law)? California
Before I explain; I completely understand my actions and there weights on my life. I'm not smoking again.

I'm 17 years old. It was 4 in the morning and I couldn't sleep. I went out into my front yard to smoke a joint concealed in my backpack. Just seconds after I stood in my driveway a cop patrolling the neighborhood for burglars shined her lights on me while i was still in my driveway. I left my backpack by my garage and approached the officer. She made me sit on my curb and verify my id through her system(I had no id card on me). After she verified that I was a resident she noticed I left my bag by my garage. She approached it and picked it up, then asked if it was mine. I said it was and she asked if she could search it. Following her question she stated that if i responded "NO" she would search it anyhow. Therefore I responded "No". She continued to searched my bag and found the joint, wrote me a ticket for possession and curfew, then released me to my guardian. My question is how can I defend myself given the factual information above? Anything helps, thanks.

 

[Zigner]

What is the name of your state (only U.S. law)? California
Before I explain; I completely understand my actions and there weights on my life. I'm not smoking again.

I'm 17 years old. It was 4 in the morning and I couldn't sleep. I went out into my front yard to smoke a joint concealed in my backpack. Just seconds after I stood in my driveway a cop patrolling the neighborhood for burglars shined her lights on me while i was still in my driveway. I left my backpack by my garage and approached the officer. She made me sit on my curb and verify my id through her system(I had no id card on me). After she verified that I was a resident she noticed I left my bag by my garage. She approached it and picked it up, then asked if it was mine. I said it was and she asked if she could search it. Following her question she stated that if i responded "NO" she would search it anyhow. Therefore I responded "No". She continued to searched my bag and found the joint, wrote me a ticket for possession and curfew, then released me to my guardian. My question is how can I defend myself given the factual information above? Anything helps, thanks.

What city did this occur in?

 

[single317dad]

A search pursuant to a curfew violation for standing in one's own driveway? Is there more to this story?

 

[lift]

A search pursuant to a curfew violation for standing in one's own driveway? Is there more to this story?

To be precise I was sitting on my curb, saw the lights, hid my bag, then approached the officer.

 

[lift]

What city did this occur in?

Fountain Valley 92708

 

[single317dad]

To be precise I was sitting on my curb, saw the lights, hid my bag, then approached the officer.

My defense would center around the violation of my constitutional rights under the fourth amendment. If the officer didn't see or reasonably suspect a crime, there was no reason to search anything, or even advance onto the property.

https://law.resource.org/pub/us/code/city/ca/Orange%20County,%20CA%20Code%20thru%20supp%20%20%23120.pdf

Page 499 (!) Section 3-6-2 describes curfew violations. I do not believe that you were in violation of that code section. Even if a local judge told you to get hosed with that argument, I don't think that ruling would withstand appeal. Be advised that this approach would be quite an undertaking, financially and otherwise.

Your neighborhood or similar may have contracts in place with the residents and law enforcement that I'm not aware of. If that's the case, the language of those agreements would be useful. I still don't see this entire action as constitutional.

All that said, you need a lawyer. None of this is a do-it-yourself kind of project.

 

[CdwJava]

Had you smoked any marijuana that day at all?

 

[CJane]

Were you sitting on the curb (in public/on public property), or standing in your driveway, near the house (private property)? Because you're saying both, and they're not the same thing.

But what I'm reading is that you were sitting on the curb (public) with your backpack near you, but you hadn't yet gotten you're joint out of it. When you saw the headlights/lights of the police car, you got up, walked up near the garage and hid your backpack, and then walked back to the curb to speak to the officer.

And you don't think this behavior was at all suspicious?

 

[CdwJava]

The detention would be easy to justify based upon time of the night and some kid hanging out by a residence. The search of the backpack requires a little more. If the officer smelled marijuana or alcohol, then the search was likely good. Otherwise, the officer would have a lot further to go to articulate probable cause to believe that there was evidence of a crime or contraband in the backpack AND that there was an exigency justifying the search absent a warrant.

This is an infraction. You will not have assigned legal counsel. You can attend court (it will either be traffic court or juvenile court, depending on how your county handles marijuana infractions) and try and make a 4th Amendment argument yourself, or, you can pay an attorney many times more than the cost of the fine to make the argument for you, or you can plead no contest or guilty and pay your fine (and possibly attend drug counseling) and move on.

 

[lift]

My defense would center around the violation of my constitutional rights under the fourth amendment. If the officer didn't see or reasonably suspect a crime, there was no reason to search anything, or even advance onto the property.

https://law.resource.org/pub/us/code/city/ca/Orange%20County,%20CA%20Code%20thru%20supp%20%20%23120.pdf

Page 499 (!) Section 3-6-2 describes curfew violations. I do not believe that you were in violation of that code section. Even if a local judge told you to get hosed with that argument, I don't think that ruling would withstand appeal. Be advised that this approach would be quite an undertaking, financially and otherwise.

Your neighborhood or similar may have contracts in place with the residents and law enforcement that I'm not aware of. If that's the case, the language of those agreements would be useful. I still don't see this entire action as constitutional.

All that said, you need a lawyer. None of this is a do-it-yourself kind of project.

Okay I appreciate your statements.

 

[lift]

The detention would be easy to justify based upon time of the night and some kid hanging out by a residence. The search of the backpack requires a little more. If the officer smelled marijuana or alcohol, then the search was likely good. Otherwise, the officer would have a lot further to go to articulate probable cause to believe that there was evidence of a crime or contraband in the backpack AND that there was an exigency justifying the search absent a warrant.

This is an infraction. You will not have assigned legal counsel. You can attend court (it will either be traffic court or juvenile court, depending on how your county handles marijuana infractions) and try and make a 4th Amendment argument yourself, or, you can pay an attorney many times more than the cost of the fine to make the argument for you, or you can plead no contest or guilty and pay your fine (and possibly attend drug counseling) and move on.

I wasn't outside A residence, I was outside MY residence. Thanks for the information.

 

[lift]

Were you sitting on the curb (in public/on public property), or standing in your driveway, near the house (private property)? Because you're saying both, and they're not the same thing.

But what I'm reading is that you were sitting on the curb (public) with your backpack near you, but you hadn't yet gotten you're joint out of it. When you saw the headlights/lights of the police car, you got up, walked up near the garage and hid your backpack, and then walked back to the curb to speak to the officer.

And you don't think this behavior was at all suspicious?

Well I was on my property, section 3-6-2 (a) or (b) states that I am under the defense of prosecution because (6) On the sidewalk abutting the minors residence. Which was exactly where I was at the time.

 

[lift]

Had you smoked any marijuana that day at all?

No I haven't. What exactly does that have to do with my current situation at all?!

 

[CdwJava]

I wasn't outside A residence, I was outside MY residence. Thanks for the information.

It doesn't matter - the officer did not know that until AFTER contact. The contact is based upon REASONABLE suspicion. Since it is uncommon for people with backpacks to be hanging outside their house at 4 AM, any reasonable officer will be making contact with such a suspicious and nefarious person. if he did not, then he should find a new career.

The contact is a no-brainer. It is the search that is in question.

 

[CdwJava]

No I haven't. What exactly does that have to do with my current situation at all?!

Because if you smelled of marijuana or alcohol, or appeared high or impaired on booze, then a search of the backpack might be easier to articulate.