I live in a taged area of our city. Iam one of only two white families in the area and have no problems at all. The other night I went to get some soda at the mini mart down the street. I pulled out of the alley because we park in the back off the street. The alley is appr. 150 ft. from the corner. The officer pulled me over because he said i didn't turn my signal on 100 ft. from the corner. I always have on my seatbelt an always follow rules. He told me he had never seen me in the area before. I have lived there for over 6mos. The car is my mothers she loaned it to me because I got a job before we moved in. The polic officer then said he was very sorry but he had to arrest me because when he ran my name there was a warrent for a bill i owed (which i didn't know about)my car was towed-250.00, inpounded another 85.00 and 314.00 to get out of jail. They would not let my husband drive it back home not even one block away. They searched the car. Was this wrong and can I get any compensation back if it was?
Being in a bad neighborhood is not probable cause to be stopped by the police. A vehicle can only be searched if there is probable cause to believe there is contraband or other evidence of criminality in the vehicle. However, unless something was recovered from you or the car during the stop and search, and the state seeks to use it against you in connection with a criminal charge, there is really no remedy for the police misconduct. You cannot quash an arrest warrant on the basis of a bad stop and serach. www.galivanlaw.net
The warrant may have pretty much covered this whole affair. You can't suppress a pre-existing warrant that came up when they ran you license.
You didn't say whether you had a ticket. Usually, (when drugs or contraband are found) an officer makes a ticket to secure the probable cause. Otherwise, if the ticket offense results in a not guilty, then contraband found is more susceptable to suppression. However, once he found the warrant, the signal offense was not needed.
Letting a spouse or passenger drive the car is within the officer's discretion, however he may have been looking for drugs. Under the facts, if he had let your spouse drive home, any contraband would have escaped. By arresting you and then impounding the car, the officer had a chance to possibly find hidden contraband. If the officer had searched the car and found contraband that you admitted to possessing, there would have been less need to hold the vehicle and a higher probability that your spouse would have been able to drive it one block back to the house.
One hint for future. To reduce chances of being pulled over, make sure that all equipment is operable, no windshield cracks or other signs that the vehicle is in a defective condition.
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.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline