Police actions without a warrant are common.
The police do not always follow the law. They may act without a warrant or probable cause. Commit an illegal search and seizure. Fail to advise a person of his or her rights. Detain a person or a drive without justification.
When this happens, you need an aggressive experienced criminal justice lawyer.
THE REMEDY FOR POLICE ACTION WITHOUT A WARRANT
David Pflaum is the right criminal justice defense lawyer to assert peoples constitutional rights.
He has the constitutional and statutory authority to file a written petition with a judge on behalf of his client to challenge the unlawful actions of the police and ask the judge to dismiss the case.
For more information click on unlawful detention procedure.
EXAMPLES OF WINNING CASES
INVOLVING POLICE ACTION WITHOUT A WARRANT
The following are examples of successful petitions challenging the actions of the police in searching or detaining a person without a warrant, resulting in dismissal of the case.*
1. Health and Safety Code section 11359, 11358–Possession of Marijuana For Sale, Cultivation of Marijuana
The police received an anonymous tip and went to the clients home. The police knocked on the door and, when the client answered the door, entered the house without a warrant. The police found a large quantity of marijuana. The client was arrested and booked for sales and cultivation.
We went to the clients house and diagrammed the area. We took photographs of the area. We served a subpoena on each and every police officer at the scene of the arrest. A motion to suppress evidence, pursuant to California Penal Code section 1538.5, was filed.
When we appeared at court for testimony, some of the police officers failed to appear. The case was continued in order to compel the police officers to come to court and to testify. Ultimately, we were able to prove, through the inconsistent testimony of the police officers, and the diagram of the area, that the warrantless entry into the client’s home and search of the interior was illegal.
The evidence was thrown out by the judge.
Case dismissed. (People v. J.I.)
2. California Vehicle Code section 23152(a)(b)–Driving Under The Influence of Alcohol and/or Drugs
The client was detained while driving home because, according to the police report, his car’s headlights were not on.
We filed a motion to suppress evidence on the grounds that the police officer has no reasonable suspicion to stop the client’s car or to prolong the detention of the client.
While the court agreed that the police officer had a right to stop the client’s car, the court disagreed that the officer had a right to continue to detain the client for so long without a valid reason.
The court ordered the evidence of the clients blood alcohol to be thrown out.
The prosecutors office dismissed the charges. (People v. M.M.)
3. False Imprisonment, Assault, and Battery
Two felony charges dismissed by the judge on Penal Code 995 written motion in which we successfully argued that the clients right to present evidence during the preliminary hearing was violated. (People v. R.M.)
4. Driving under the Influence and Possession of Cocaine
The police were stopped at a red light. The client turned right from another direction and passed in front of the police car. The client accelerated past the police car. The police officer did a quick u-turn and flashed his red lights to make the client pull-over.
The police officer then ordered the defendant out of the vehicle, conducted some field sobriety tests, and arrested the defendant for being under the influence of a controlled substance in violation of Health and Safety Code section 11550(a) and driving under the influence of a controlled substance in violation of Vehicle Code section 23152(a). The officer searched the car and found cocaine, and so arrested him also for felony possession of cocaine in violation of Health and Safety Code section 11350.
We challenged the validity of the police officer’s detention of the clients car by filing a petition in court.
We successfully convinced the judge that the police officer had no valid reason to stop the clients car just because the client accelerated.
The evidence against the defendant was thrown out, the prosecution dismissed the charges. (People v. L.P.)
5. HS 11377(a) Possession of a Methamphetamine
Our client was stopped and frisked and found to be in possession of a controlled substance. We challenged the police actions and legality of the search.
All original charges were dismissed in exchange for a plea to violation of Penal Code section 415(2), Disturbing the Peace. (People v. M.C.)
6. HS 11377(a) Possession of Methamphetamine, HS 11550(a) Under the Influence of Methamphetamine
Our client was accused of having methamphetamine in his possession and being under the influence of methamphetamine. The client was a passenger in a vehicle that was stopped because the registration was expired. We contested the legitimacy of the detention of the client, the judge agreed, and threw out the evidence against the client.
The case was dismissed. The client was free of any immigration consequences and was not deported. (People v. F.L.)
7. HS 11357(c) Possession of Marijuana of More than 28.5 grams
Our client was detained and during an illegal search was found to have marijuana in his possession. Through a successful suppression motion we were able to resolve our client’s case to a complete dismissal of the charges.
Furthermore, client was not held in violation of probation. (People v. C.N.)
8. VC 23152(a)/(b) Driving Under the Influence of Alcohol with Prior DUI
Our client was detained while sitting in his vehicle in a park. The police claimed that that our client was illegally parked in the park after-hours. We went to the scene of the crime to photograph the area and the signs.
We contested the legality of the detention in court by filing a suppression motion. We provided evidence that there was no proper parking signs posted and therefore the police officer had no right to detain the defendant.
Therefore, the judge granted the motion to eliminate the evidence against the client and all charges were dismissed. (People v. P.V.)
9. Penal Code section 12025, 12031–Possession of a Concealed and Loaded Firearm in Public
Our client was a passenger in a car being driven northbound through Oceanside. The police pulled the car over for speeding, but instead of asking for “license, registration and insurance,” called for back-up units and a K-9 unit for no reason.
The police then searched the trunk of the car and found a loaded firearm.
Results: case dismissed because the police had no legitimate reason to prolong the detention of the driver of the vehicle. (People v. Q.D.)
FOR POLICE ACTIONS WITHOUT A WARRANT
Call The Law Offices of David Pflaum
760-806-4333
* The descriptions of results are intended to provide information about legal matters that David Pflaum has handled. The outcome of cases depend upon on the facts of the case, the laws that apply, the position of the prosecuting agency, and the judge. David Pflaum does his very best in every case to succeed on behalf of his client.
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