Illegal search and seizure

[Lon.ram513]

What is the name of your state? California

Was this an improper or false arrest?
Is exclusionary rule apply to my case?
Was my Civil Rights violated?

I was detained illegally without no cause nor reason nor crime etc., by a rookie police. I was asked for my ID and by cooperating with them I gave it to them and asked if I’m on probation or parole which I’m not. I have asked what’s the reason why they stop but I get no reply. They asked if I have weapon on me and stated “no but I have a pocket knife on my pocket” The officer grab it without telling anything. When I saw the police report the probable cause they arrested and searched was for possession of a “switchblade”. My public defender just saw the knife with evidence and clearly stated that the knife I had was NOT a switchblade like I told my public defender. Due to my arrest they searched my bag without my consent and without notifying what was my charge...

 

[quincy]

What brought you to the attention of the police?

 

[Lon.ram513]

Nothing at all.
I actually have a video of me and my exgirlfriend coming out from the hallway walking towards the car I was about to drive off when a cops just stop me and block my path..

 

[Lon.ram513]

I forgot the cops stop me because the car I was about to hop in has a dealer paper plate which was not stolen and they even run the Vin no.

 

[quincy]

Nothing at all.
I actually have a video of me and my exgirlfriend coming out from the hallway walking towards the car I was about to drive off when a cops just stop me and block my path..

Coming out from what sort of hallway? What sort of place were you exiting?

Do you know if anyone called the police about you, or about a disturbance in the building or in the area or something?

I cannot see any reason, based strictly on what you have said so far, why you would have been searched or arrested.

 

[Lon.ram513]

We where at the motel just got out from my room..
No body called the police not even on the police reports
They said they where just patroling and that’s the reason why I know my right got violated
And the reason why I went to the motel and obtain the videos...

 

[quincy]

It is good that you have an attorney working for you.

Because you were appointed a public defender, I assume you were in court and know charge against you. It appears, based on what you have said, that your attorney should be able to get the charge dismissed.

Good luck.

 

[Lon.ram513]

I appreciate you time, thank you!

 

[quincy]

I appreciate you time, thank you!

You're welcome, Lon.ram513. I appreciate the thanks.

Good luck.

 

[HighwayMan]

You have an attorney - speak to him about your case. Sounds like there may be a bit more to the story.

 

[CdwJava]

What were you charged with? It seems unclear from your post. There are any number of possibilities that might justify a contact and a search - particularly if you were lawfully detained and admitted to having a weapon on you.

There are a great many reasons why one might be detained. Location, time of day or night, manner of clothing or activity, inebriation or apparent inebriation or being under the influence, mannerisms, ad nauseum ... all of these and more can be articulated in combination to justify a detention. And, if lawfully detained and asked about a weapon, that weapon can generally be retrieved for the safety of the officer. If he believed it to be a switchblade under CA law and arrested you for that, then anything he found subsequent to that would be lawful. I suppose if it turns out that the knife was NOT a switchblade, and your attorney can successfully argue that it was unreasonable for the officer to have believed it was an illegal weapon, then you can get any subsequent discovery tossed.

Was anything illegal found upon a search of you and your belongings? If so, what?

 

[quincy]

Here is a link to a California Supreme Court case from 2016 (The People v. Emmanuel Castillolopez) which details what knives are illegal to carry concealed and what knives are not:

https://kniferights.org/CA_S218861.pdf

Pocket knives (like Swiss Army knives) are legal to carry in California.

If the arrest was over carrying a concealed knife, a charge should be dismissed if the knife was, indeed, a pocket knife.

 

[CdwJava]

I have come across a great many people who swear that the knife they possess is "California legal" when it is, in fact, not the case. While it may also be possible that the officer was in error about whether the knife met the definition of a switchblade or not, it is at least as likely that the OP was in error.

Perhaps he'd like to post the make and model of the knife?

 

[quincy]

He said his public defender looked at the knife and said it was legal to carry.

 

[quincy]

Whoops2u, it would be better if you started your own thread. You can go to https://kniferights.org to see what is legal in your state.