How do I get my charge dismissed?

I was working on a car at my child’s mother’s house. It is a back house with an alley entrance. The car I was working on was parked in the alley in front of her fence. The hood, trunk and driver door were all open. An officer came speeding down the alley and got out of his vehicle. I informed him I had warrants for FTA on driving with a suspended license. He searched me and found nothing but then wanted to search the car. I did not allow this since it is not my car or my house. However, he proceeded any way. Also, this officer knows my family seeing how both of my sisters lived in the same house as him for extended periods of time. He claims to have found bags of a controlled substance. I was arrested and refused an O.R. bail, $20,000, for the alleged charge. Was this a lawful search and seizure?

Asked on June 27, 2016 under Criminal Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You do need an attorney, whether it's with the public defender's office or a private attorney.  You need to file what is called a motion to supress.  It doesn't sound like the vehicle was going to be impounded.... as such... the officer may not have had any reason to search the vehicle.  The impound issue is significant because many vehicles are 'inventoried' (fancy word for searched) when a vehicle is about to be impounded after a traffic stop.  If this was not the case in your situatution(i.e. no impound), you may be able to get the search supressed.... and any evidence that was subsequently found. 


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