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  1. #1
    Join Date
    Apr 2010
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    5

    Question Search and Seizure Outside of Jurisdiction

    My case takes place in the state of California.

    Ok. . . This all happened Christmas night. I was at a party and got extremely drunk. I was eventually kicked out for being belligerent. I don't blame them. I was going through a rough time in my life. Anyway, I was outside making a scene I guess and someone called the cops. This took place in Shafter. I purposefully didn't put my keys in the ignition and I just sat there in my car, sobbing. The shafter police department picked me up and proceeded to keep me in custody with public intoxication charges. No traffic violations. The officer on duty asked me if I had someone that might be able to pick me up and he'd let me get off without much hassle. I said I didn't know... but then remembered my cousin had told me once that if I needed anything, I could call him. My cousin happens to be a Bakersfield Police officer. Well, about this time, someone else had called the cops on me claiming that I had stolen a gun and a laptop from their house. This was a relative of mine who simply wanted me found and didn't want me to kill myself... which is what I would've done. They got a hold of my cousin, but he declined to help. The BPD proceeded to pick me up. One of them said, "This is what you're gonna get for dropping names." I didn't really understand why they were being so rude and obnoxious. They even had me in my shorts and tank top and rolled the windows down the whole way to the station. Like I said, it was Christmas and it was freezing. When I got to the station, another officer said to confess... that he had the gun in his car. I was really surprised... because I know I didn't have the gun, and I asked him to show me. He never did. They also said that they had found a laptop in my car. I said it was mine, but they stated in the report that I had said that it was my relative's and that I did not have permission to have it. I was flabbergasted. Later I would find out by reading the report that a BPD officer had searched my car without a warrant and without my permission. I know there are loopholes regarding warrants and searches so I thought nothing of it. But then I started thinking. My car was parked in Shafter, way outside the BPD's Jurisdiction. They could've had the Shafter PD help them, but they did it themselves. Nothing was in plain sight, and the backpack they confiscated was light blue. The report mentioned a black backpack. My relative doesn't want me to be charged, but can't really do anything at this point. My attorney doesn't seem to realize that my car was parked in Shafter, most likely because it was never mentioned in the report as to where my car was parked. That being said, would it be wise to call them out on that... meaning, should it be mentioned that they extended their jurisdiction beyond their limits? Would I get things dropped, like everyone involved now wants?

  2. #2
    Join Date
    Sep 2005
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    California
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    20,594

    Default Re: Search and Seisure Outside of Jurisdiction

    Since we have no idea why the Bakersfield officers did what they did, it is hard to say whether what they did was out of bounds or not.

    In general, a peace officer's authority extends throughout the state. There are a number of possibilities for probable cause to search your car for a stolen laptop and a firearm under the public safety exception, a search incident to arrest, and even pursuant to an impound of the vehicle. Could the BPD do this in Shafter's jurisdiction? Sure. Should they have done so? Maybe not.

    Now, if the alleged theft of the firearm and the laptop came from Bakersfield, the jurisdiction issue is easy to see. If the theft allegation came from Shafter, it is not so easy.

    Just what crime are you charged with (code section, please)? Are you charged with the theft of those items? Does the police report reflect that the police seized the items?

  3. #3

    Default Re: Search and Seisure Outside of Jurisdiction

    And if the relative told law enforcement that you were potentially suicidal and maybe in possession of a firearm, that opens the door for a lot of exceptions - not only for the safety of officers coming in contact with you but for your own safety as well.

  4. #4
    Join Date
    Apr 2010
    Posts
    5

    Default Re: Search and Seisure Outside of Jurisdiction

    PC 487a

    Possession of stolen property

    Everything else was dropped, but the possession of the laptop. There was no firearm. I had permission to enter the house. The alleged theft took place in Bakersfield. They approached my car, after they took me downtown and after they talked to me.

  5. #5
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    Sep 2005
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    California
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    Default Re: Search and Seisure Outside of Jurisdiction

    In what city did the alleged theft of the laptop occur?

  6. #6
    Join Date
    Apr 2010
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    5

    Default Re: Search and Seisure Outside of Jurisdiction

    Bakersfield.

  7. #7
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    Sep 2005
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    California
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    Default Re: Search and Seisure Outside of Jurisdiction

    Quote Quoting JudeXD
    View Post
    Bakersfield.
    Then I do not see jurisdiction as being an impediment.

    Your attorney will know if it is possible to make a suppression motion for the search of your car, but it is likely to fail unless the officers were inarticulate in the report and on the stand.

  8. #8
    Join Date
    Apr 2010
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    5

    Default Re: Search and Seisure Outside of Jurisdiction

    What about the fact that there was no warrant... even though they easily could've gotten one?

  9. #9
    Join Date
    Sep 2005
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    California
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    Default Re: Search and Seisure Outside of Jurisdiction

    Quote Quoting JudeXD
    View Post
    What about the fact that there was no warrant... even though they easily could've gotten one?
    There is ample case law showing a public safety exception when dealing with automobiles. It would not be difficult to make such a connection to the car since you were in it at the time of contact and there was an ellegation of a firearm and a laptop being stolen.

    Your attorney can certainly TRY to raise the issue in a suppression motion, but it is a longshot.

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