Can the Police Pull You Out of a Car and Search You for a Expired Drivers License

[rugbystar209]

My question involves a driver's license issued by the State of: California. Turlock Police. Ok, I got pulled over, and my tags were current along with insurance and everything on car in working order. when policeman walked up to the car his exact words were your license plate......... light is working .........but its to ......dim and i couldn't see it from 600 ft away, so i pulled you over. he asked me for my license and i told him they might be expired and that i sent check through the mail and it must have been lost in the mail and in process of tracking payment with bank and post office. my husbands had been drinking that night so i am driving. so he tells us he will be right back hang tight. when he returns he ask for keys and tells me to step out the car and walks me back behind his patrol car and tells me he is going to hand cuffing me because of my license being expired and then he was going to pat me down, after he patted me down he asked me if there was anything in my purse that he should know about and i told him if you need to search my purse for an expired license go ahead but i would rather you leave my stuff alone so he searched my pusrse searches every inch of purse and says he found a sandwich baggie with white residue, (i never seen baggie he said he found) and was placing me under arrest. i am fifty years old never had a ticket, accident, and never been in jail. never used drugs and this idiot police officer has planted something in my purse. what do i do????? I cant afford an attorney, my bail was $50000 i already spent 1000 on bail and 500 to get friends car out of impound. my charges were possession of a controlled substance and transporting a controlled substance and driving on expired license..

[antrc170]

I think there is more to this story than you are letting on.

Generally, you don't get arrested for an expired license.

Also, you stated that your car was in working order, etc....then why did you have to spend $500 to get your friends car out of impound??

[rugbystar209]

No there is nothing i am leaving out. the po was a jerk and plain and simple. i was arrested my husband called our friend who was at our ranch about a mile away from where we got pulled over and told her we got pulled over to come down here and pick me amd the car up. the tow truck driver hadnt loaded the car onto the tow truck.when they got there another officer that was at the scene her told my friend that she had to go get release tomorrow cause her car was getting impound

No there is nothing i am leaving out. the po was a jerk and plain and simple. i was arrested my husband called our friend who was at our ranch about a mile away from where we got pulled over and told her we got pulled over to come down here and pick me amd the car up. the tow truck driver hadnt loaded the car onto the tow truck.when they got there another officer that was at the scene her told my friend that she had to go get release tomorrow cause her car was getting impound. this happened friday night and couldnt get release til monday

[antrc170]

So who's car were you driving?

You first it was yours and now it belongs to your friend?

Why was your license expired?

[cdwjava]

when policeman walked up to the car his exact words were your license plate......... light is working .........but its to ......dim and i couldn't see it from 600 ft away, so i pulled you over.

If he said it was 600 feet, he was way wrong. But, VC 24601 requires it to be sufficiently lit to be read at 50'.

after he patted me down he asked me if there was anything in my purse that he should know about and i told him if you need to search my purse for an expired license go ahead but i would rather you leave my stuff alone so he searched my pusrse searches every inch of purse and says he found a sandwich baggie with white residue, (i never seen baggie he said he found) and was placing me under arrest.

Really? You're going to go with the planting drugs story?

what do i do????? I cant afford an attorney, my bail was $50000 i already spent 1000 on bail and 500 to get friends car out of impound. my charges were possession of a controlled substance and transporting a controlled substance and driving on expired license..

The court will appoint an attorney for you. The charges of H&S 11377 and H&S 11379 (possession and transport of controlled substances - likely meth. in this case) can be filed as felonies. However, a plea can likely be reached which would drop the 11379 and make you eligible for diversion.

But, there would appear to be a number of avenues for a potential defense and I am sure your attorney will look into the possibility. If the officer was dumb enough to write this 600' number in his report (and I doubt he was) or testify to it at the preliminary hearing, then the entire stop might get tossed. The search could be vulnerable to suppression as well unless the state argues that you gave consent. And, from what you write, it seems that implied consent was given.

Unless you have some proof - anything at all - you'll never be allowed to directly allege the officer planted anything. First, it makes no sense to just randomly do it to a person he doesn't know. Second, it makes no sense to do anyway because ... well, it's a huge risk for no appreciable gain!

So, when you are arraigned ask the court about appointed counsel.

[jk]

Unless you have some proof - anything at all - you'll never be allowed to directly allege the officer planted anything. First, it makes no sense to just randomly do it to a person he doesn't know. Second, it makes no sense to do anyway because ... well, it's a huge risk for no appreciable gain!

Carl, there are some dumb and some bad cops out there that might just do this. I know of a particular case in my hometown where the cops planted dope in the car (within sight from outside the vehicle) because they did know the guy and they believed he had a bunch of dope in the trunk. Granted, they knew the guy but they still planted evidence to gain PC to search. I am sure there are much worse stories out there as well.

[cdwjava]

Carl, there are some dumb and some bad cops out there that might just do this. I know of a particular case in my hometown where the cops planted dope in the car (within sight from outside the vehicle) because they did know the guy and they believed he had a bunch of dope in the trunk. Granted, they knew the guy but they still planted evidence to gain PC to search. I am sure there are much worse stories out there as well.

All because it is theoretically possible does not mean that the court will even entertain it. The DA will almost certainly object to ANY such allegation without any foundation. Since there is absolutely no common sense or practical reason for the officer to do it, it would be a huge uphill battle. The defendant has everything to gain by tossing this out there, the officer has nothing to gain by doing it. Hence the reason that making claims with no foundation are going to be objected to - and rightly so.

Better to argue the light and get the entire stop suppressed that way then to try and argue something that is entirely unprovable.

[jk]

All because it is theoretically possible does not mean that the court will even entertain it. The DA will almost certainly object to ANY such allegation without any foundation. Since there is absolutely no common sense or practical reason for the officer to do it, it would be a huge uphill battle. The defendant has everything to gain by tossing this out there, the officer has nothing to gain by doing it. Hence the reason that making claims with no foundation are going to be objected to - and rightly so.

Better to argue the light and get the entire stop suppressed that way then to try and argue something that is entirely unprovable.

I'm not arguing the difficulty of such a claim even if it might be valid. In fact, I am not suggesting arguing the claimed planting as it is nearly impossible to defeat.

All I was saying is; there are cops out there that would do this and yes, it is very difficult to prove, even if you are a law abiding never been arrested and rarely ticketed citizen.

[cdwjava]

I'm not arguing the difficulty of such a claim even if it might be valid. In fact, I am not suggesting arguing the claimed planting as it is nearly impossible to defeat.

All I was saying is; there are cops out there that would do this and yes, it is very difficult to prove, even if you are a law abiding never been arrested and rarely ticketed citizen.

And, there are people that would and do lie about such things. Been there, done that, been on the receiving end of a similar claim.

Yes, it is theoretically possible. It defies any rational analysis, but there probably is some cop out there who will do such a thing for reasons that defy explanation or logic. Anything is mathematically possible, even the improbable. But, as a legal matter, it will almost certainly be a non-issue.

[rugbystar209]

I started this thread and happy to say the case was dropped. Thank God and the Justice system. Well actually the Judge is the one that said why is this even in her court room. So this was all a ploy to get some revenue for this f**ked up county of Stanislaus and Turlock PD I am out $5500 for tow and Bail bond. Sure wish there was something I could do to prevent this from happening to someone else or at least get my some of my money back. What can I do?