How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
Type Your Criminal Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

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.
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.
Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please post them here. Otherwise, I appreciate your Positive Rating as that is how I get credit for my time and information.
If you received an invite to participate in a phone call, that is automatically generated by this site. I do not participate in phone calls offered by this site, but we can continue here.
Thank you