Gung-Ho Officers Need Advice ASAP

[gago818]

What is the name of your state? CA

About a month ago I was speeding on a popular boulevard in my city. It was around 8 PM. I saw a police officer around the bend with a radar gun on a motorcycle. Speed limit was 40 i was going 57 mph. I saw him put the radar gun down to chase me. I made a quick right into a residential street and turned off my lights; hoping he wouldn't see me (dumb). He pulled me over nearly 3/4ths of a block from the boulevard. He had no sirens on when I got pulled over. He told me to put my keys on top of my car from inside the car. He then handcuffed me and said he was going to arrest me for reckless driving. At the same time some pedestrians starting cheering at the officer like he did something so heroic. So he called for backup and a patrol vehicle came and he was with his younger son which was about 8 years old. His 8 year old son assisted him in searching my vehicle. The vehicle was not registered under my name. I had a valid drivers liscense. But could they search the car without the owners consent and only mine? Another question would be can they search the car with one of the personnel being around 8 years old and NOT being a police officer? Any feedback would be greatly appreciated. My court date is in a couple of days. Also what kind of penalty or fine may I be looking at? Will they Plea bargain with me? They only charged me with reckless driving. But is there any way that I can use their unorthodox procedures against them?

 

[BoredAtty]

The search is legal because it was incident to an arrest. The police can search the suspect as well as the inside of the vehicle (i.e. his immediate surroundings).

The 8 year old child has nothing to do with it (although I find it strange the officer would have his son with him).

 

[The Occultist]

The only thing that may be questionable was the 8 year old. If you feel this is a problem, you may submit a personnel complaint against the officer at the police department. Please note that such a complaint will have absolutely NO bearing on the outcome of your trial.

We don't know if a plea bargain will occur. That depends on your driving history, as well as the DA's disposition.

What is the exact statute you were charged with?

 

[gago818]

The only thing that may be questionable was the 8 year old. If you feel this is a problem, you may submit a personnel complaint against the officer at the police department. Please note that such a complaint will have absolutely NO bearing on the outcome of your trial.

We don't know if a plea bargain will occur. That depends on your driving history, as well as the DA's disposition.

What is the exact statute you were charged with?

I was charged with Reckless Driving California Vehicle code 23103.

 

[CdwJava]

The vehicle was not registered under my name. I had a valid drivers liscense. But could they search the car without the owners consent and only mine?

You were arrested for a misdemeanor (CVC 23103). Pursuant to the arrest, the officers likely impounded your vehicle pursuant to agency policy and CVC 22651(h). This impound permitted them to do a complete inventory of the contents of the vehicle to include even the trunk and any locked containers therein.

Another question would be can they search the car with one of the personnel being around 8 years old and NOT being a police officer?

I find this very difficult to believe. But, unless the child is the one that found any evidence, it's only dumb - not unlawful.

Also what kind of penalty or fine may I be looking at? Will they Plea bargain with me? They only charged me with reckless driving. But is there any way that I can use their unorthodox procedures against them?

Only the child searching the car is "unorthodox".

No one can say whether they will or won't plea bargain with you. Your penalty and fine will depend on priors, but should be:

23103. (a) Any person who drives any vehicle upon a highway in
willful or wanton disregard for the safety of persons or property is
guilty of reckless driving.
(b) Any person who drives any vehicle in any offstreet parking
facility, as defined in subdivision (c) of Section 12500, in willful
or wanton disregard for the safety of persons or property is guilty
of reckless driving.
(c) Persons convicted of the offense of reckless driving shall be
punished by imprisonment in a county jail for not less than five days
nor more than 90 days or by a fine of not less than one hundred
forty-five dollars ($145) nor more than one thousand dollars
($1,000), or by both that fine and imprisonment, except as provided
in Section 23104.

- Carl