What to do if my 16 year old son is being charged with resisting arrest and a tobacco status offense?

He was originally stopped for a status offense not wearing a bicycle helmet which led to the officer trying to do a full search. The officer didn’t explain anything or advise of rights. Their was no legal grounds to do a full search.

Asked on October 22, 2013 under Criminal Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The officer's position may be different as to the legal grounds to conduct a pat down. If your son was acting suspeciously, articulable suspcision is enough to conduct the search. If you wish to contest the search itself in order to supress all evidence, then his lawyer should motion initially for this.

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