QUESTION:
The officer ran my name and it came back that I was on not only probation, but searchable probation he stated in a snide way. Pretty much in an intimidating sense. I told them that I was not actually on probation several times but they were not budging they were going to search me regardless. So when asked if I had anything illegal I said yes. Told them what I had on me and where it was at. They cited me for misdemeanor possession and paraphanela.
I since went to the probation office and found out that I was not on probation and had them put it in writing that I was not on probation and the date that my probation was closed and terminated.
The officer implied that I was on probation and did not give any other reason to search me. So basically they violated my rights. Does that mean anything that the officer charged me for be dismissed or dropped? I am just trying to prepare for my hearing on Wednesday. I know expect the worst hope for the best. But I am not capable of successfully completing or affording any prop classes and the ones that are offered by medi-cal are far and I have no means of transportation. I have started going to N.A./A.A 3-4 times a week since this incident.
ANSWER:
There might be a suppression issue here. Hopefully the officer was wearing a body audio or video recorder. If that officer said something as pointed as, “do you consent to search? because even if you don’t, we’re going to search anyway because you’re on probation with search terms,” then I think you could argue your consent was not voluntary and intelligent.
You can and probably will still be charged. Suppression comes after the filing of charges and arraignment. You have much to discuss with your lawyer.
