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  2. Yeah, that's what I'm saying. If the search is "clearly" illegal then your story comes to a screeching halt because nobody will need to know the rest of the story. You have to make the search questionable but not "clearly" illegal. Then your readers will have to keep going to find out how it turns out. I suggest you read the Terry v Ohio Supreme Court Decision and see how complicated the issue is. https://scholar.google.com/scholar?hl=en&as_sdt=806&q=terry+v+ohio&btnG= Note that the Terry decision has been cited over 43,000 time in subsequent cases both in federal and state courts. I'm sure that many decisions upheld a search and many didn't. Research into case law will give you idea on how you can write your search where a decision for or against is unpredictable and keeps the reader on the edge of the seat.
  3. Yesterday
  4. There are innumerable exceptions that apply to searches done during a traffic stop. No DA in CA is going to just agree to suppress evidence. When the search is not based upon a warrant, there is a hearing where the officer testifies. It's almost too easy for the DA to make the search fit and exception.....
  5. If you're saying that I stole the idea, that is not the case. I've never seen that plot anywhere. If you're saying "Ho hum, that plot's just like many others," you may be right. I sincerely appreciate your opinion and will take it into consideration.
  6. Excellent info, just what I need. Thanks for the help. My plan is to engineer this so that the search will be clearly illegal. Would this timing be reasonable: Day 0: Traffic stop Day 1: Arraignment. Not guilty plea entered. Day 8: Pretrial hearing. The defendant's attorney files motion for suppression of the seized weapon. Day 20: Judge rules that the search was illegal, and the gun cannot be introduced. The prosecutor dismisses the charges. Also, is it possible that the lawyer would meet with the prosecutor and say, "Hey, look. There's no way you can get that gun introduced as evidence," at which point the prosecutor agrees and decides to drop the charges?
  7. There are more steps. Arraignment, preliminary hearing conference (which could be called a pretrial) where the hearing is confirmed or set over to another day. After the preliminary hearing, if the defendant is bound over, there is an arraignment on the information within 21 days. THEN at that arraignment, the matter would be set for trial and there would be a date set as the last day for pretrial motions such as suppression or to set aside the information. Motions to suppress evidence are NOT run at an arraignment. It's required that a formal motion be filed and the DA served at least 10 days before. They can be done during the preliminary hearing with 5-days notice to the DA. Otherwise, it's done separately after the defendant is arraigned on the information. Note that in CA, if the court dismisses after suppressing evidence, the DA can refile the case and get another hearing on the suppression issue and they can also appeal the ruling.
  8. You have a problem with #6 because the officer was acting in good faith when he made the original arrest.
  9. How do you know that if you were outside?
  10. I'm guessing that the son who was arrested has bigger problems then just a little weed. He needs a lawyer. If there was anything wrong with the search his lawyer can address it in court.
  11. She was found behind the wheel. The presumption that she was driving is difficult to overcome. Marijuana is legal but so is liquor and both could result in a DUI conviction. Sure. Nobody's likely to believe it. Frankly, I think your other story is more interesting, though derivative. This one is just boring.
  12. My house was raided due to my oldest sons socializing. But I was under the impression that the search warrent must be presented when asked for. They beat on my door at 5am. Then broke my front door and deadbolt. Arrested my oldest son. While screaming "come out hands first". I walked out to see 4 of those big guns with scopes on them pointed at me. My boyfriend of 7yrs Came out behind me. They immediately cuffed him. Gathered us all out side. Found nothing in my sons room. So they then proceeded into my youngest boys room.(I should mention they are 24yrs & 27yrs old). Who was already on his knees with his fingers laced behind his head. They still after cuffing him, yanked him up and threw him across the room. My 73 yr old father and his wife were also outside with us. I asked to see the warrent within the first 20 min of being outside. So did my father. They found $900.00 in cash, 3 oz of weed, and a hand gun that he was licensed for in his closed dresser drawer . He has a full time job. SEIZED those items Then arrested my younger son. They were asked to show the warrent 5-8 more times. Never produced it. They said they left a list of items seized with a copy of the warrent.Never found it. I called them repeatedly asking for it. 8.5 hrs later one of them knocked on my door and handed me a copy of the warrent. No stamp saying filed in court or anything like that. I have no clue what officers were even in my home. This dont seem legal to me. Am I wrong? Also I thought they had to conduct the search within 2 days of being issued? Is there any way to get stuff back?
  13. That's not how it works in California. California: 1. Arraignment must occur within 48 hours, weekends and holidays not included (Plea entered, bail set) 2. Pretrial conference phase, including preliminary hearing (Within 10 days of arraignment and concluded within 60 calendar days) 3. Trial
  14. Thanks. She wasn't driving, didn't possessed marijuana, and marijuana is legal in California.
  15. The woman can be convicted of DUI and possession of controlled substance The other person can be charged with operating the vehicle on a suspended or revoked license. The confession of a second person does not automatically result in the acquittal of another defendant. They can both be tried separately. That can be the result of fooling around with the police by changing seats.
  16. That's not how it works. After a person is arrested, there is a preliminary hearing to determine whether the person should remain on bond and to be "bound over to the grand jury", in other words, to remain under arrest. The preliminary hearing, sometimes called a "probable cause" or PC hearing, is usually perfunctory and only requires a probable cause to find the defendant was probably involved in a crime. Bond may be set at that time, if it hasn't already been set. Then the prosecutor presents evidence to a grand jury further suggesting the person should be formally charged or indicted. The grand jury will inevitably charge the person since exculpatory evidence is not presented. After the person has been indicted, they are arraigned. It is at the point, defendant is actually formally charged with the crime and pleads guilty or not guilty. There is no testiimony at the arraignment except, possibly evidence regarding whether the defendant should remain free on bond. Following the arraignment, the defendant's attorney may move the court to surpress evidence which has been obtained illegally. That is where the question of consent to a search arises. The arresting officer can be called to prove the arrest was not consensual. You need to do a little background study before you start writing about the criminal legal process.
  17. Concerning step 6, would the woman's lawyer be able to call a witness during the arraignment? In this case, I'd like to have him call the arresting officer and show that there was no consent for the search. Thanks!
  18. Hi Al, What state is your story taking place in? The kinds of questions you're asking now would be state-specific. cbg (another writer who has asked for help on these forums )
  19. This is another potential subplot in a legal thriller that I'm working on. Please let me know if I'm asking too many questions! A man is driving a van and a woman is his passenger The van is stopped by the police After the van is stopped but before the policeman comes to the window, the driver and the passenger trade places, because the driver has a suspended license (OSLT) The woman is found to have some cannabis in her system, and charged for DUI Later the driver confesses that he traded places with the woman In that situation, would the woman be charged with providing false information to a peace officer? What if the driver says he coerced the passenger to switch places with him? Thanks! Al
  20. this would be something the union would need to bargain for in the next set of negotiations. They just don't automatically get it.
  21. Assuming you have been sued and there is a judgment against you, you have basically been served with a post-judgment debtors examination. You will have to reveal the nature and location of all your assets whether it be money or property, and your income and its source, or you could be held in contempt of court. I'm pretty sure that the interrogatories gave you instructions on what to do. Follow them.
  22. Last week
  23. I purchased a used car in March of 2017. Within one month of having the car, not even a month, it broke down on me. I believe it was a lemon! Now the car company is coming after me in court for the payment of the vehicle that I don't even have. It is also asking me to send a written response. I received an interrogatories after judgement letter stating that I had to reply in writing and under oath. What does that mean?
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