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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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I was walking down the street there was no crime committed I

Customer Question

I was walking down the street there was no crime committed I feel that my fourth amendment right was violated I was arrested for HS1150(A)the officer cornered me should have I walked away?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard. Please remember I can only answer and provide information for what you ask
You ask "Should I have walked away"?
No. Then you could have been charged with resisting arrest.
Here is the CA code for which you were charged.
11550. (a) A person shall not use, or be under the influence of any
controlled substance that is (1) specified in subdivision (b), (c),
or (e), or paragraph (1) of subdivision (f) of Section 11054,
specified in paragraph (14), (15), (21), (22), or (23) of subdivision
(d) of Section 11054, specified in subdivision (b) or (c) of Section
11055, or specified in paragraph (1) or (2) of subdivision (d) or in
paragraph (3) of subdivision (e) of Section 11055, or (2) a narcotic
drug classified in Schedule III, IV, or V, except when administered
by or under the direction of a person licensed by the state to
dispense, prescribe, or administer controlled substances. It shall be
the burden of the defense to show that it comes within the
exception. A person convicted of violating this subdivision is guilty
of a misdemeanor and shall be sentenced to serve a term of not more
than one year in a county jail. The court may also place a person
convicted under this subdivision on probation for a period not to
exceed five years.
And so if the officer had reasonable suspicion that you were intoxicate or under the influence, then he had probably cause to detain.
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Thank you