QUESTION
What can I do if a cop cited me for possession but said he had no reason to pull me over?
Asked on May 20th, 2013 on DUI/DWI - California
More details to this question:
A cop pulled behind me with his white lights on the top of his car on. I didn't know what these lights meant so I pulled to the side of the road and the officer came up to the car, said himself that he had no reason to pull me over for my driving. He took it as an admission of guilt, he smelt marijuana in the car and I got a citation for possession. My court date is in two weeks. The cop had no reason for putting his white lights on, his excuse was he was training someone and a rookie was driving his squad car.
3 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Unless you are on probation with a search clause, you should speak to a criminal defense lawyer, under these facts you may have strong 4th Amendment issues that result in your case being dismissed.
Answered on May 23rd, 2013 at 2:44 AM
2 Awards
You may have a valid suppression motion, it would depend what the facts are from the cops point of view. Cops cannot just pull you over for no reason, that is a violation of your fourth amendment rights. However, if you pulled over voluntarily, the officer can approach the car for a consensual contact. These cases are very fact specific and turn on the smallest of details. If your rights were violated, you must file a motion with the court asking the court to suppress all information after the illegal contact, for this you will need an attorney.
Answered on May 22nd, 2013 at 11:06 AM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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If the officer had no valid reason to stop you, then any incriminating evidence and statements could be suppressed. However, you need to hire counsel promptly so that an appropriate motion can be filed with the court to suppress the evidence.
Answered on May 22nd, 2013 at 11:05 AM