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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 8079
Experience:  Since 1983
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my son was arrested and charged with transporting an illegal

Resolved Question:

my son was arrested and charged with transporting an illegal substance when the vehicle was not occupied or moving.The vehicle was parked.Whats my recourse if any
Submitted: 4 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 4 years ago.
Please describe what happened leading up to the arrest.
Customer: replied 4 years ago.
My son and a group of his friends had just finished playing Basketball at a park.They were standing next to the vehicle when police pulled into the park and advised my son and others that they were checking out groups of Black People
Expert:  N Cal Attorney replied 4 years ago.
I cannot believe the cops actually said that!

How did the cops find things in the car?
Customer: replied 4 years ago.
They searched the vehicle without any consent
Expert:  N Cal Attorney replied 4 years ago.
That was completely illegal in my opinion. Did they articulate any reason for searching the car other than it being parked next to Black people?
Customer: replied 4 years ago.
No:they just pulled up and had all the guys standing next to the vehicle sat on the curb while they searched the vehicle
Expert:  N Cal Attorney replied 4 years ago.
Was it your son's car?

What town did this happen in?
Customer: replied 4 years ago.
Yes the drugs was found in my son car. Victorville California
Expert:  N Cal Attorney replied 4 years ago.
You need a local attorney to file a 1538.5 motion, see
http://leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=01001-02000&file=1523-1542

1538.5. (a) (1) A defendant may move for the return of property or
to suppress as evidence any tangible or intangible thing obtained as
a result of a search or seizure on either of the following grounds:
(A) The search or seizure without a warrant was unreasonable.

This seems unreasonable and illegal.

http://lawyers.findlaw.com/lawyer/firm/Criminal-Law/Victorville/California lists criminal defense lawyers in that area, many of them offer a free consultation.

The fruits of an illegal search cannot be used to justify the search. This sounds like an illegal search, whether they found 10 pounds of heroin or one doobie, the search was not legal.
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 8079
Experience: Since 1983
N Cal Attorney and 9 other Criminal Law Specialists are ready to help you

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