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CALIF. ILLEGAL-TEASE

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

MSTRUST

Guest
Im in California. In July I was pulled over by Riverside city police officers. I inquired as to why? The officer stated my tags were expired. I asked if he did'nt notice the big red #7 (temp.reg) posted in my window? His response was, "Anyone can have one of those."
I handed him my license and informed him that to have a (temp.reg.) not only required all fees to be paid but also to carry insurance on the vehicle, both which I did have. My license was valid and I had no warrants. He went to his car and ran me.....came back and asked me to exit the vehicle. I complied. At that time he started questioning me about prior arrests/convictions, etc..(I had a drug conviction in 1993.) He then asked if he could search my vehicle. I answered, "If you have to." He did. I was arrested and booked upon him finding a controled substance. My
dilemma is......
After the officer found that my license, vehicle registration and insurance were all valid, shouldn't he have let me be on my way? I was not on parole. Is it legal for an officer to run your history and then search. That isn't probable cause is it? I was arrested but was never written a citation for any vehicle violation. My car was not impounded. Don't they need a REAL reason for pulling me over. Please advise with knowledge or experiences. Thanks!


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J

Jamesis1

Guest
You complied to the search. If you had said no, I don't think he would have been allowed to search your car. They can ask though, whenever they want, you just don't have to comply.
 
D

DrunkN_MastR

Guest
The search was completely by the book.


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Just your friendly neighborhood DrunkN_MastR tellin ya the way it is, from a scumbag street cop point of view ;)
 
T

Tracey

Guest
In Washington, such a request to search your vehicle wuld have been unconstitutional. When police stop someone for a traffic infraction, they may detain the person only long enough to check license, registration & insurance, run a wants & warrants check, & write a ticket if they're gonna. That you had a prior drug conviction does NOT give them reasonable suspicion that you had drugs in the car, & they can't ask to search without reasonable suspicion. Get a good defense attorney & get the search kicked. Your lawyer will need to research Terry stops & when cops can ask to search a car in CA.

In the future NEVER consent to a search or your person, house, or car. MAKE THEM GET A WARRANT!


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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected]
 

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