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Did the police have the right to search me and my car without asking me or telling me why he was doing it in public parking lot?

Martinez, CA |

The police officer said I had to prove to him I had a valid D.L. or he would not allow me to leave. Then began searching my pockets of my coat and pants then my car. He would not tell me why. also never asked me if he could.

Attorney Answers 3

Posted

It would depend on the circumstances. Did he find any contraband or arrest you for anything?

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Posted

The 2nd and 3rd times you posted this question you added significant detail. You were not in a parking lot but at a gas station. Furthermore your license was suspended which means you were probably also on probation. Cops do not need a reason to conduct a probation search.

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1 comment

Asker

Posted

gas stations have parking lots genius.

Posted

You gave no details on your position with respect to the vehicle, whether you were inside or outside or operating or not. You didn't say whether you were trying to leave on foot or in the vehicle.

There are a great deal of specific facts needed for a search and seizure analysis.

Please remember to designate your question's BEST ANSWER.

Curt Harrington
(562) 594-9784
http://patentax.com/curt/index.html

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

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1 lawyer agrees

2 comments

Asker

Posted

A person was caught shoplifting $85 of merch from "big box" store. Do State Police have right to serch individual's vehicle?

Curtis Lamar Harrington Jr

Curtis Lamar Harrington Jr

Posted

Did he see the item taken to the vehicle? Was it in plain sight? Was there other probable cause elements with regard to the vehicle? What about the police report? Did you have your attorney review the report? Hire a criminal attorney immediately and have them review the circumstances and assist you with your case.

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