Ways To Get Your Criminal Case Thrown Out In California (Part 1)
What Are Illegal Stops By The Police?
One of the more common violations that the police commit when investigating a crime is what is known as an illegal stop. A stop is when the police temporarily detain you on suspicion that you have committed a crime. To be sure, a stop is not an arrest. Specifically, a stop is usually what comes before an arrest is made. A perfect example of a stop is when you are pulled over on suspicion that you have committed a crime. That crime can be something as trivial as failing to use your turn signal.
In order for the stop to be permitted, the police officer must have reasonable suspicion that you have committed a crime. What this means is that before you are stopped, the officer must be able to point to some reason why they believed that you committed a crime. The reason cannot be based on a hunch or a guess. If the officer cannot give a valid reason for why they stopped you, then any evidence they gather after making the stop cannot be used against you at your trial.
What Are Illegal Arrests By The Police?
Let’s assume that the police have a valid reason to stop you. In order for them to arrest you, they must be able to prove that they have probable cause. What this means is that in order for your arrest to be legal, there must be objective facts that leads the officer to believe that you committed a crime. Again, this cannot be based on a hunch or a feeling. Probable cause also cannot be based on mere suspicion. There must be facts or observations by the officer to establish probable cause. As an example, you are pulled over for speeding and the officer notices that there are illegal drugs sitting on your lap. Because the officer sees the drugs with their own eyes, probable cause may exist to arrest you for possession.
What Are Illegal Searches By The Police?
In the previous example, the officer spots the drugs on your lap after you are pulled over for speeding. Had the drugs not been in your lap but instead in the trunk, then the officer would not be able to search your cars for drugs without a warrant or your permission to do so. If the police searched your car without those things, then they seemingly violated your rights, and as a result, the prosecutor would not be able to use that evidence against you in court. For a possession charge, having the evidence of drugs excluded may result in the charges against you being dismissed.My Rights Law is all about defending good people in California who have had unfortunate run-ins with the law. If you have been criminally charged, then our tenured criminal defense attorneys will examine your case to determine if the police violated your rights, among other things. We will help ensure that your rights are protected and that you are placed in the best position possible given your circumstances. Don’t hesitate to call My Rights Law at (888) 702-8882 or contact us online for a free consultation today.