Results 1 to 7 of 7
  1. #1

    Default Police Walk Away with Wallet

    My question involves search and seizure law in the State of: CA.

    when my wife was asked for her DL it was stuck behind the clear plastic window in her wallet and she was having trouble getting it out. The female cop said thats o.k. and grabbed it, walking back to her car. when she returned she informed my wife that her licence was suspended and arrested her because of the baggie of meth she found in a little zipper pocket within the wallet. This happened 2 seperate times with me in the car when she couldn't get her licence unstuck and both times the police never once took it upon themselves to get it out for her. I had to unsitick it both other times. Can they legaly take her wallet from her and go through it without her consent? They subsequently towed the vehicle and found a pipe in the center counsul and a digital scale in the camera case in the trunk. They charged her with transport for sales, but why didnt they charge her with a DUI? When they got to the station they took her blood. Did they have the right even though it wasn't for under the influence? Much thanks.

  2. #2
    Join Date
    Jan 2006
    Posts
    27,916

    Default Re: Police Walk Away with Wallet

    it seems like you would have learned after the first time to not put the license in such a place so you could not easily remove it and hand it to the officer. It is not their responsibility to remove the license from the wallet for you.


    I guess drug dealers aren't so smart as to be able to learn simple things such as that.

    You are screwed anyway. With the suspended license, that allows a lot to take place including the towing of the car and subsequent search. I don't see anything wrong with what happened.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,115

    Default Re: Police Walk Away with Wallet

    Quote Quoting hardwarehostage
    View Post
    The female cop said thats o.k. and grabbed it, walking back to her car. when she returned she informed my wife that her licence was suspended and arrested her because of the baggie of meth she found in a little zipper pocket within the wallet.
    And your wife did not object? Apparently she presented the wallet in such a manner that the officer could casually grab it and return to her vehicle, that is likely to indicate consent.

    Perhaps, in the future, she should stash her dope elsewhere. Or, better yet, stop using.

    Can they legaly take her wallet from her and go through it without her consent?
    She is required to present her license. If she cannot present it, she can go to jail ... but that would mean they could search the wallet incident to arrest. She should learn from these two incidents that dope is only a source of trouble.

    They subsequently towed the vehicle and found a pipe in the center counsul and a digital scale in the camera case in the trunk. They charged her with transport for sales, but why didnt they charge her with a DUI?
    Perhaps they did not feel they had enough evidence to show that she was impaired. Possession does not imply current use.

    When they got to the station they took her blood. Did they have the right even though it wasn't for under the influence? Much thanks.
    If they felt she was under the influence of a controlled substance, sure. One can be under the influence of a controlled substance and still not be charged with DUI. If H&S 11550 is anywhere on the booking sheet or the report, then that is precisely what they tested her for. Her attorney will have to read the report to determine if the blood test was pertinent or not. But, she has bigger fish to fry with the transportation charge.

    I strongly suspect that with a second offense this will be her last opportunity for Prop 36. She either needs to clean up or expect to spend a lot of time behind bars.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  4. #4

    Default Re: Police Walk Away with Wallet

    Thanks for all of the input. It really helps to have sites like this and people like yall to answer these basic and lame questions. Ya Ya drugs are bad and if you let the drugs run ones life then the end is near. There is a reason why drug use is high. It can be rewarding and productive supplement throughout life. Everything in moderation. We are hard working self employed couple that doesn't let the drug run our lives. We do it to enhance our lives and take breaks from it to dry out when needed.Prop 36 is set up to fail. sure its better than prison, but who has time in life to go to meetings 3 times a week, for 18 months? Yet the Public Defender sells that 36 as the only option, for some mabee it is. Yet there is no mention of being able to get D.E.J. and do your meetings and testing within 12 or 16 weeks and be done whith this speed bump in life...no pun intended. As for being screwed I am so totally not as screwed as all the sheep that jumped at the prop 36. It was never an option I was considering. Ok but nobody has answered my question..Did the female officer have the right to snatch my wallet and walk away. I did not "present" it to her I was simply having trouble removing it from the clear plastic space that the maker provides to display ones ID

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,031

    Default Re: Police Walk Away with Wallet

    Quote Quoting hardwarehostage
    View Post
    We are hard working self employed couple that doesn't let the drug run our lives.
    Right... because getting busted for drugs doesn't interfere with your lives.
    Quote Quoting hardwarehostage
    We do it to enhance our lives and take breaks from it to dry out when needed.
    Go to some NA or AA meetings and you'll find lots of people who believed that, well past the point they were hardcore addicts. Denial is part and parcel of addiction - hence "step 1".

    If you really think you're an okay, recreational drug user, you can stop any time, and this is "all in fun", at least have the sense to switch to a drug that doesn't cause brain damage.
    Quote Quoting hardwarehostage
    Ok but nobody has answered my question..Did the female officer have the right to snatch my wallet and walk away. I did not "present" it to her I was simply having trouble removing it from the clear plastic space that the maker provides to display ones ID
    You're married to yourself?

    You couldn't get your license out, so the officer said "thats o.k. and grabbed it". You then said, "No, give me back my wallet?" Or did you remain silent. If you didn't object, I don't think you're going to get very far with the issue. Further, as you've already been told, your license was suspended. If the officer was going to end this encounter with an arrest, the search would have been conducted "incident to arrest" and the officer still would have found your drugs.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,115

    Default Re: Police Walk Away with Wallet

    Quote Quoting hardwarehostage
    View Post
    Ya Ya drugs are bad and if you let the drugs run ones life then the end is near.
    I take it by that tone that you disagree and believe drugs are good?

    There is a reason why drug use is high. It can be rewarding and productive supplement throughout life.
    Okay ... just keep telling yourself that ...

    Prop 36 is set up to fail. sure its better than prison, but who has time in life to go to meetings 3 times a week, for 18 months?
    Well, you can always decline Prop 36 and go to jail. It IS a choice.

    And no, it is NOT designed to fail. I don't like it because it essentially decriminalizes the first two possession cases, but it gives people an opportunity to clean up if they choose to. Sadly, too many are not ready to clean up so the whole thing is very often a waste of time and money.

    Yet there is no mention of being able to get D.E.J. and do your meetings and testing within 12 or 16 weeks and be done whith this speed bump in life...no pun intended.
    Then ask about it. But, most courts likely do not offer it. My county offers Prop 36 or Drug Court ... Drug Court is tougher and has a better track record. But, those are the only DEJ options available in most places.

    Did the female officer have the right to snatch my wallet and walk away.
    Wait ... you said it was your wife's wallet?

    In short, if it was presented in such a way that the officer believed it was being presented for her to take it, yes.

    I did not "present" it to her I was simply having trouble removing it from the clear plastic space that the maker provides to display ones ID
    Next time, keep the ID separate, then.

    Your or your wife's attorney can always try to challenge the seizure of the wallet and the search. If that challenge fails, then its time to thumb your nose at Prop 36 and suck up that jail time. Good luck with that.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  7. #7
    Join Date
    Apr 2009
    Posts
    9

    Default Re: Police Walk Away with Wallet

    I'm sorry, but I too agree with cdwjava on every point. And recreational drug users generally do not use scales for their recreational use. But hey, someone has to weigh the drugs for sale, right? Or are you just trying to ensure you are not ripped off when you buy? Scale aside, your attitude towards drug use will continue to interfere with your life. If you continue making your life choices with the same poor judgment (in our Darwinian universe) your chances of maintaining your freedom (and ensuring your survival) will diminish over time.

    1. Sponsored Links
       

Similar Threads

  1. Theft and Larceny: Somebody Stole My Wallet
    By Extremador in forum Criminal Charges
    Replies: 10
    Last Post: 10-18-2010, 05:23 PM
  2. Theft and Larceny: Stole Wallet and Camera
    By SoAshamed in forum Criminal Charges
    Replies: 4
    Last Post: 11-17-2009, 06:51 PM
  3. Pets and Animals: Neighbors Walk Dog, Don't Police Droppings
    By tenantweary in forum Personal Property
    Replies: 2
    Last Post: 12-15-2008, 11:29 PM
  4. Theft and Larceny: My Wallet Was Stolen
    By Lewis in forum Criminal Charges
    Replies: 1
    Last Post: 03-06-2008, 08:17 PM
  5. Police Search Of A Lost Wallet
    By adrianaburke in forum Police Investigations
    Replies: 3
    Last Post: 06-12-2007, 12:39 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.




Untitled Document