Re: Police Walk Away with 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.
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.
Can they legaly take her wallet from her and go through it without her consent?
Perhaps they did not feel they had enough evidence to show that she was impaired. Possession does not imply current use.
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?
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.
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.
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.
A Nor Cal Police Sergeant
"Make mine a double mocha ...
... and a croissant!"
Walk humbly with your God
-- Courageous, by Casting Crowns