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search and seixure

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lisa_lmh

Guest
i am on court (informal) probation in california for 2 years because of a vandalism charge from a year and a half ago. one requirement of my probation is search and seizure. i was pulled over for making an illegal right turn on a red light by the campus police of the university i attend while leaving school. i cooperated fully with the police by immediately pulling over and giving them valid id, registration, etc. after i signed the ticket they said that i had search and seizure and that they were going to search my car. they found a pipe, 3 tiny marijuana roaches, and a miniscule piece of hashish. they then arrested me for felony possession of hash. i know that because i am on probation i have search and seizure, but i need to know the limitations of this. they had absolutely no probable cause to believe i had done anything wrong but commit a traffic violation; i was completely sober, there was no visible evidence or smell of drugs, everything was legitimate and i cooperated fully, and i had just left a 12 hour day at the university they work for. i have done very well while i have been on probation and do not feel that i deserve a felony for this. i also feel that now the university police know what my car and i look like, and that they could harass me like this at any time. now i don't feel comfortable attending the university i pay for and worked so hard to get into. what, if anything, can i do about this????
 


calatty

Senior Member
The conditions of your probation probably specify that you may be searched without probable cause; they usually do. That is one of the restrictions on your freedom you agree to in return for not being incarcerated. Possession of less than an ounce of hashish is a misdemeanor and carrries a $500 fine (Health and Safet Code section 11357(a)), so I don't see why you were charged with felony possession. In any case, you might qualify for "diversion," a procedure whereby there will be no conviction at all. You need an attorney.
 

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