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  1. #1
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    Angry Illegal Search Of Vehicle In California

    Arriving to Pechenga Casino with 4 friends (2 female & 2 male) one of my male friend decides to get out of the car to go use the bathroom. I parked my car and the 4 of us exited the vehicle headed to the casino. As we started walking my idiot friend who decided to use the restroom on the 4th floor of a parking structure gets caught by the Pechenga Security. As they exited their vehicle they immediately asked us if we were with him and I replied "no" and resumed walking away. Then, I guess my idiot friend tells security that he "is" with us so then the security decided to call all 4 of back. Security then asked us for identification which we all had. Then security began to search us, unfortunatly the other male friend of mine was searched and they found a bowl sized amount of marijuana (US Quarter round size). Security then began to ask us about what other contraband we had in the vehicle and I responded with "Nothing, why are you asking me for what is in my vehicle" and security officer #1 replied "Well, because I see you have a marijuana bong in your vehicle". The security then asked me to open my car and I repied "No, I do not give you permission to go into or search my vehicle" security replied "Why, not are you scared of us finding contraband in your car" I repiled "No, I do not give you permission to search my car and that is it ok!" Security asked over and over again to give them permission to search my vehicle and then was told If I did not give them permission they would be forced to call the Riverside Sheriff's Department. I told them "Fine, call them and guess what I do not give them permission to search my vehicle either". They sat us down on the concrete and security began to huddle together and finally they said we were not allowed to return to Pechenga Casino and then gave us permission to get up and leave the casino. We all got up and entered the vehicle, I turned on the car put it into reverse and then all of the sudden all of the security officers ran up on the vehicle and told us (shouting) to get out now. We exited the vehicle again and this time they kept the doors open and began to flash their lights inside the car to see what they can see from outside the door. I kept on telling them to close my doors and to stop looking in my vehicle. They then called the Riverside County Sheriff's Department and when they arrived my doors were open and one of the officers asked me if he can search my vehicle and I said "no, you cannot search my vehicle" and the other officer said you know what we have "probable cause cause your friend had marijuana on him" I then told the officer "My friend was never in the vehicle and my vehicle was locked anyways" So, without my permission the officer began to search my car under the seats floormats, trunk etc. They found my legally registered firearm in my trunk and then found a bag of methamphetamine in the rear passengers area. I was taken in to jail and charged with
    11370.1(A) F H&S POSS CTRL SUB W/FIRE ARM
    11377(A) F H&S POSS CONTR SUBS
    12031(2)(A) F PC CARRY LOAD F/ARM PUB PLA
    I bailed out and now am looking to get a lawyer if my case is good enough for fighting it as Illegal Search. Help Someone!!!!!!! Ohhhh! Did I forget to mention that the parking structure has video cameras with the incident all caught on tape! Hopefully Lawsuit Maybe!

  2. #2
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    Sep 2005
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    California
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    Default Re: Illegal Search Of Vehicle Help!! California Riverside County

    Quote Quoting fochoa81
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    As we started walking my idiot friend who decided to use the restroom on the 4th floor of a parking structure gets caught by the Pechenga Security. As they exited their vehicle they immediately asked us if we were with him and I replied "no" and resumed walking away.
    Lying is NEVER a good idea as it puts EVERYTHING you say in doubt after that.

    We exited the vehicle again and this time they kept the doors open and began to flash their lights inside the car to see what they can see from outside the door. I kept on telling them to close my doors and to stop looking in my vehicle.
    They had a right to stand outside the vehicle and look at whatever was in plain view.

    of course, you have to remember, these guys were NOT cops and are not subject to the same search and seizure laws that the police are.

    I then told the officer "My friend was never in the vehicle and my vehicle was locked anyways"
    Yes, your friend WAS in your vehicle ... remember what I said about lying?

    So, without my permission the officer began to search my car under the seats floormats, trunk etc. They found my legally registered firearm in my trunk and then found a bag of methamphetamine in the rear passengers area.
    Oops. Bad news to keep dope in the car.

    I was taken in to jail and charged with
    11370.1(A) F H&S POSS CTRL SUB W/FIRE ARM
    11377(A) F H&S POSS CONTR SUBS
    12031(2)(A) F PC CARRY LOAD F/ARM PUB PLA
    Serious offenses!

    I bailed out and now am looking to get a lawyer if my case is good enough for fighting it as Illegal Search.
    It's worth a try ... you don't have much else to go on, and you just might prevail. It will all depend on what the officers use to justify the search. If you are REAL lucky they will drop the weapons charges and just hit you with drug possession - then you will be eligible for diversion as opposed to a conviction and jail.

    Ohhhh! Did I forget to mention that the parking structure has video cameras with the incident all caught on tape! Hopefully Lawsuit Maybe!
    A lawsuit against an indian tribe? Good luck with that! You DO realize that they operate under slightly different rules than the rest of the country, right? It might be similar to suing Mexico. So, even if you manage to find something you might be able to sue for, you may want to think twice before you pay thousands for an attorney and cannot obtain a settlement.

    But, consultations tend to be free or cheap.

    Moral of the story - don't go to casinos with stupid friends that are carrying dope, don't stash dope in your car, and don't carry your loaded and concealed weapon with you in the car.

    - Carl

  3. #3
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    Default Re: Illegal Search Of Vehicle In California

    Nor Cal Cop Supervisor
    Woops you got the wrong thread you must be looking for the we eat a lot of donuts thread. Let's ask a lawyer not a Law Maker/Bender.

  4. #4
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    Default Re: Illegal Search Of Vehicle In California

    Quote Quoting fochoa81
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    Nor Cal Cop Supervisor
    Woops you got the wrong thread you must be looking for the we eat a lot of donuts thread. Let's ask a lawyer not a Law Maker/Bender.
    Nope ... hmm ... no, right thread. And I don't much care for donuts, thanks.

    There are a couple of lawyers here, but not many. If you are looking for a legal evaluation of the specifics of your case, one cannot accurately be given since no articulated cause for the search has been provided. Your attorney can obtain the arrest report which shoudl contain that information. We here have only YOUR account of the events, and not the Sheriff Department's account. Any suppression motion will be based upon the totality of the circumstances, and not just YOUR account.

    Additionally, as I said, the security guards are not subject to the same rules of law enforcement.

    You are certainly free to consult your own attorney if you wish - he might tell you what you want to hear ... after all, you will be paying him to do so. But, if you post your problem on a public message board, don't expect the answer you WANT to hear but an answer as interpreted by other professionals in the legal justice field who are not beholden to you.

    oh, and my previous advice still stands - stop hanging with doper friends who pee in public, stop stashing dope in the car, and don't carry loaded and concealed weapons in the car. The marijuana was a big whoppin' nothing of an offense ... the ones YOU face due to YOUR carelessness are quite serious. Consult that attorney ASAP and if your suppression motion falls flat, see about a plea to possession for Prop 36 (aka PC1000).

    Good luck.


    - Carl

  5. #5
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    Default Re: Illegal Search Of Vehicle In California

    My idiot friend was the only person violating casino rules. I was not near him nor was I doing anything wrong. I was just walking to the enterance of the casino minding my own business. Then I am being padded down and being asked by security to let them enter my vehicle (Parked and Locked) to search it???? Then being asked by law enforcement, also???? How does this work out???? How does a man minding his own business get his car searched without his permission and the only urinating suspect is already caught???? How does this happen????

  6. #6
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    Default Re: Illegal Search Of Vehicle In California

    Quote Quoting fochoa81
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    My idiot friend was the only person violating casino rules. I was not near him nor was I doing anything wrong.
    Well, you DID have drugs and a concealed weapon in your vehicle - both of which are against the law.

    Then I am being padded down and being asked by security to let them enter my vehicle (Parked and Locked) to search it????
    Security can ask you anything they want. They are not the police and not subject to the same rules. I suppose you can always try to sue them fro false imprisonment or some such thing ... good luck on that.

    Then being asked by law enforcement, also???? How does this work out????
    If they had probable cause to believe there was drugs in the car, they could very well articulate good cause for a search. Whether they were able to articulate this sufficiently or not will be up to a judge to decide. If no charges are ultimately pursued by the DA then you will know that the DA thought the probable cause was weak.

    How does a man minding his own business get his car searched without his permission and the only urinating suspect is already caught???? How does this happen????
    You were a victim of the company you keep ... which was exacerbated by your keeping illegal drugs and weapons in the car.

    - Carl

  7. #7
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    Nov 2009
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    1

    Default Re: Illegal Search Of Vehicle In California

    Comiing late to the party (what else is new?), but I just thought it worth stating clearly what the police sergeant hinted at.

    Most people don't realize that any search for evidence by private parties (e.g., hotel security or your Aunt Matilda) are inherently unreasonable in the eyes of the law -- which doesn't mean what you would expect for "unreasonable searches".

    The basic rule of thumb is that any evidence turned in by a private party is admissible, so long as no officer of the court was involved in the warrantless search. In other words, everything the security folks found is not only admissible, it can also be used as a basis for any subsequent search by the police.

  8. #8
    Join Date
    Nov 2006
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    368

    Default Re: Illegal Search Of Vehicle In California

    I would think that the "Bong" in plain view made the search legal. The way they conducted it left the admission up to the judge. But it was a legal search in the passenger compartment of the vehicle, then once the meth was found, that gave them PC to search the trunk. But because you say they searched the trunk before they found the meth in the passenger compartment, the judge may have felt they did not have PC to search the trunk and that's why he dismissed everything found from that point on.

  9. #9
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    Talking Re: Illegal Search Of Vehicle In California

    Well thank you all for your advice! I fought and fought and fought for a year and a half and went through 2 private lawyers. Results....................................drum roll please!!!!!!

    I got an INFRACTION can you believe that!!! And I get my firearm back and I hope I can get my bail money back.

    LOOK AT THIS!!!!!!!

    Arrest Charges
    Count Charge Severity Description Violation Date Plea Status

    1 HS 11377(A) F Possess Controlled Substances 02/14/2008
    Filed Charges
    Count Charge Severity Description Violation Date Plea Status

    1 HS 11370.1 F Unlaw Poss Cont Subst/Poss Fir 02/14/2008 DISMISSED
    2 HS 11377(A) F Possess Controlled Substances 02/14/2008 DISMISSED
    3 PC M12031(A)(1) M Carry Loaded Firearm om Person in Public Place 02/14/2008 DISMISSED
    4 PC M12031(A)(1) M Carry Loaded Firearm om Person in Public Place 02/14/2008 DISMISSED
    5 PC 12034(A) M CARRY/DISCHARGE FIREARM IN VEH 02/14/2008 DISMISSED
    Amended Charges
    Count Charge Severity Description Violation Date Plea Status

    6 PC I415(2) I Disturbing the peace 02/14/2008 GUILTY CONVICTED

  10. #10
    Join Date
    Sep 2005
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    California
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    Default Re: Illegal Search Of Vehicle In California

    The portion of any bail money paid to a bondsman is your fee to him for allowing you to remain out while your case winds through the system. if that is what you want back, you're out of luck.

    If you attended court and had posted the bail yourself, then you should be able to get that back.

    Have you modified your associations so that this sort of thing (and the associated frustration and expense) won't happen again?

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