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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9297
Experience:  Since 1983
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When a judge in California grants a 1351 in criminal case

Customer Question

When a judge in California grants a 1351 in criminal case what does that mean?
Submitted: 10 months ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 10 months ago.

Thank you for using JustAnswer.

1351 may refer to a pretrial diversion, but that's based upon a bill that has been introduced, and not signed into law yet. Can you tell me a bit more about this situation, what the case is about, what the judge did, etc...?

Customer: replied 10 months ago.
The case is reguards to a friend of mine & his girlfriend he was on probation at this time and the cops harassed them because I guess somebody stuck a paper plate over the back of there license plate. The car was a rental not under eithers name basically they had nothing better to do so long story short the forced my friend out of the house and asked his girlfriend if they can search the car the girlfriend replied NO the officer then took the key from her hand and searched the car after searching the car the boyfriend has a lot of papers with info on it they were both charged with fraud but the girlfriend was released due to da reject the boyfrind got a probation violation then 2 months later refiled charges on both my friends one is in jail the other isnt the boyfriend stated that everything belonged to him and his girlfriend had nothing to do with any of it but da didnt drop charges against girlfriend. My friend went to court and asked for his paperwork (discovery) which I thought he was entitled too but judge didnt Grant it and after that is when he granted the 1351. When my friend was explaining it to me I didn't understand after googling it so that is what brings me here.
Expert:  ScottyMacEsq replied 10 months ago.

I see. You're certain that it's 1351 (not 1531 or some other number)? Does he have any indication as to what it does? The judge "granted" it, which means that it was probably requested. Do you know what was requested prior to this?

Customer: replied 10 months ago.
I'm not to sure but when I googled it I saw something reguarding search warrant so I'm not sure if he tried to file a illegal search & seizure and the judge granted that in refuarda to this im not sure and neither was be his lawyer isn't very helpful and he tried to fire him and obtain a new one but the judge also denied that
Expert:  ScottyMacEsq replied 10 months ago.

The search warrant code (which is 1531, not 1351) allows an officer to enter a house or dwelling by breaking a door or window if the inhabitant refuses entry. This presupposes that there's a search warrant for the house / dwelling. So that's probably not it. 1351 refers to the ability of a commissioner of a commission to take depositions and interrogatories, so that likewise is probably not the issue. I suspect that this is referring to something completely different (that the number was misheard, etc...) or that there's something that I don't know.

As I don't think I can assist you any further, I will opt out of this question. It's possible that another expert will have additional insight into this question that I don't, and will contact you to assist you further.

Customer: replied 10 months ago.
I'm sorry it's 1531 so why would he Grant that ?
Expert:  N Cal Attorney replied 10 months ago.

New Expert here.

I do not see how Penal Code § 1531 applies but § 1538.5 seems to apply, see

http://leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=01001-02000&file=1523-1542.5

because there was no search warrant and no legal basis to search the interior of the vehicle without a warrant.

I hope this information is helpful.