Car Searched for Handing Money to Someone in Public

[disneykid52]

Next thing you know when the pizza delivery guy comes to your door and a cop sees you pay him (or her) they (the cop) will be at your door insisting on a search of the pizza box.

 

[Zigner]

sorry zig, the officer does not determine if PC was actually present. They make their decision whether they believe it is or not. The courts are the entity that will make the actual determination.

Yes, you are correct on that. I should have phrased it differently.

 

[Zigner]

Next thing you know when the pizza delivery guy comes to your door and a cop sees you pay him (or her) they (the cop) will be at your door insisting on a search of the pizza box.

That's just silly

 

[Zigner]

I wrote I knew my cases were not the LAW in CA.

...and therefore irrelevant. I'm sorry that it won't sink in for you.

 

[HappyWanderer]

Zinger, do you know what attorneys do when there isn't a case "on point"? They go to cases in other jurisdictions. It's called "persuasive authority". Look it up, learn something.

Besides, we're not quite talking about the LAW here. I bet the law in Ohio and California regarding probable cause is almost if not exactly the same. What we're doing is applying the facts to the law. When you read the cases you see that's what the courts do. They give the rule and then apply the facts to the rule to come up with a result.

Let those two things sink in to you. Persuasive Authority and Apply the Facts to the Law, and maybe you'll see why the questions and the posted cases are not irrelevant--unless one wishes to remain ignorant.

 

[Zigner]

Please feel free to cite any case where Ohio cases have been used to clarify California PC cases.

 

[Just Blue]

Zinger, do you know what attorneys do when there isn't a case "on point"? They go to cases in other jurisdictions. It's called "persuasive authority". Look it up, learn something.

Besides, we're not quite talking about the LAW here. I bet the law in Ohio and California regarding probable cause is almost if not exactly the same. What we're doing is applying the facts to the law. When you read the cases you see that's what the courts do. They give the rule and then apply the facts to the rule to come up with a result.

Let those two things sink in to you. Persuasive Authority and Apply the Facts to the Law, and maybe you'll see why the questions and the posted cases are not irrelevant--unless one wishes to remain ignorant.

Why don't you just post some Cali case law to support your assertions?

 

[HappyWanderer]

You are incorrect on what a legal fact is. My "assumptions" are based on legal reasoning by trained appellate-level judges. What do you think the definition of "probable cause" is in California? What do you think the definition of "probable cause" is in Ohio? I bet they're exactly the same. Do you disagree?

I've pointed to cases which closely matched the facts given and they come out there was no Probable Cause. NO ONE has pointed to anything besides CdwJava saying there must have been something more, contrary to that. You're saying I'M not allowed to post? Where is your legal reasoning? What is your theory on the facts and the law?

 

[ElvinMelvin]

My "assumptions" are based on legal reasoning by trained appellate-level judges.

The examples you gave were from appellate judges in Ohio, not California.

I bet they're exactly the same.

So cite it.

I for one would be interested.

 

[HappyWanderer]

I found an awesome resource which tells of the other facts which could be used IN COMBINATION with our facts here. It seems legit. (le.alcoda.org/publications/point_of_view/files/PC_TO_ARREST.pdf)It's called POINT OF VIEW from the Alameda County District Attorney's office. (Yes, Zinger, I know Costa Mesa is not in Alameda County. I await your glowing munificence on that point.)

A very relevant portion states (note the first sentence):

HAND-TO-HAND EXCHANGES: A hand-to-hand ex-
change is not inherently suspicious. But it can be-
come so in light of the surrounding circumstances
and whether the officers could see the object that was
exchanged. For example, probable cause will likely
exist if officers were in an area where street sales of
drugs were prevalent and they saw a suspect ex-
change money for an object that appeared to be
drugs or a common container for drugs.
155
If officers could not identify the object that was
exchanged, the transaction may nevertheless be
deemed suspicious if there were other circumstances
that were indicative of a drug sale; e.g., just before
the exchange, the seller retrieved the item from an
apparent hiding place; or the suspects ran when
they saw the officers.
156

155
See People v. Garrett (1972) 29 Cal.App.3d 535; People v. Stanfill (1985) 170 Cal.App.3d 420.
156
See People v. Limon (1993) 17 Cal.App.4th
524, 532; People v. Butler (2003) 111 Cal.App.4th
150, 162.

Please Senior Members, well at least Zinger and Blue Meanie, maybe you should do some lifting around here rather than just getting your post counts up. ElvenMelvin, why do I need to cite when no one else does? Also, for the record, it does seem California law comports with Ohio.

 

[Renter02]

Live in Cali, Alameda County and I had just got done eating and walked out to my car and my friend that I grew up with that I just had dinner with ran over to my car to tell me one last thing and we talked for a few minutes, me sitting in my car and him standing at my car window. No money was exchanged though. I drove off and as soon as I hit the street cop pulls me over and asks me questions, what am I doing here, why am I in this city, who was I talking too, license and registration. Told cop just got done with dinner and was driving home and I live in this city. Cop said it looked suspicious and told me to get out of the car. I was not really worried because I am a law abiding citizen and don't do drugs and had an ice tea with dinner and never in my life have been arrested, professional, dressed nice and so on. Cop gave me a sobriety test and I passed everything except the stinken ABC's if you can believe that. He then proceeded to search my body, my purse and then tore my car apart, all without my permission and did not find anything. He detained me for over an hour on the side of the road. He finally calls another officer. The other officer comes and takes a look at the situation and pulls rookie officer away to talk with him. I can hear older officer scolding rookie officer that he is in the wrong and that I haven't done anything and that rookie officer has no grounds to arrest me. Rookie is saying he wants to arrest me for suspicion of being on something, which I was absolutely not. They end up in an argument for a few minutes over this. Finally older officer comes over to me and hands me back my license and appologizes to me and says I can go. I was thinking how rediculous but was glad to finally be let go. I just wanted to share this because I guess anything can happen. My friend that left the same time as me was never pulled over

 

[Just Blue]

I found an awesome resource which tells of the other facts which could be used IN COMBINATION with our facts here. It seems legit. (le.alcoda.org/publications/point_of_view/files/PC_TO_ARREST.pdf)It's called POINT OF VIEW from the Alameda County District Attorney's office. (Yes, Zinger, I know Costa Mesa is not in Alameda County. I await your glowing munificence on that point.)

A very relevant portion states (note the first sentence):



Please Senior Members, well at least Zinger and Blue Meanie, maybe you should do some lifting around here rather than just getting your post counts up. ElvenMelvin, why do I need to cite when no one else does?

Nothing better than a case from OVER A DECADE AGO?? Geesh.

The reason that I KNOW what you are posting is "crap" is that drug deals and money exchanges happen EVERYDAY! Get us something from this millennium...okay??

 

[HappyWanderer]

Another ignorant Senior Member. Are you serious? I've just posted what's known as Controlling Authority. Unless you have a more recent case which OVERTURNS those posted, they are the LAW in California.

 

[Just Blue]

another ignorant senior member. Are you serious? I've just posted what's known as controlling authority. Unless you have a more recent case which overturns those posted, they are the law in california.

****************************...

 

[justalayman]

Next thing you know when the pizza delivery guy comes to your door and a cop sees you pay him (or her) they (the cop) will be at your door insisting on a search of the pizza box.

hey, I remember when I had to go to another city for some schooling, there were about 12 of us. One of the guys in another room ordered a delivery pizza. When the delivery guy came to deliver, he also offered dessert for a price. I can't remember what desserts name was though and honestly, she looked more like left over dessert so he stuck with just the entree`.


Since that was Detroit, I would not be surprised to find Jim Bob's Pizza and Ganja delivery though.