California Criminal Defense & Family Law Blog
Monthly Archives: November 2009
Is it necessary to be handcuffed?
November 8, 2009
Generally, handcuffing a suspect during an arrest is allowed when the police officer has a reasonable basis for believing the suspect poses a present physical threat or might flee. Circumstances in which handcuffing is considered necessary include when: (1) the … Continue reading
Posted in Criminal Defense, Felony, Misdemeanor Tagged constitutional rights, Handcuffed, searches Leave a comment
Police need reason to suspect that a person is armed and dangerous to conduct pat down search
November 7, 2009
In order to conduct a pat down search of a person, the police must have a clear reason or suspicion that the person is armed and dangerous. If a person is only sitting in front of house where officers intended … Continue reading
Posted in Criminal Defense, Warrantless Searches Tagged armed and dangerous, Criminal Defense, pat down searches, Warrantless Searches Leave a comment
What if I’m facing a misdemeanor drunk in public charge?
November 6, 2009
Intoxicated in a Public Place? A person may not be convicted of being drunk in public based on a police officer’s order that the person come out to a public place or if the person agrees to a police request … Continue reading
Posted in Criminal Defense, Misdemeanor, Public Intoxication Tagged Criminal Defense, drunk in public, Misdemeanor Leave a comment
Terms of probation cannot limit entry into the United States for a US Citizen
November 5, 2009
As a condition of a minor’s probation, a juvenile court cannot restrict or limit a United States citizen minor’s ability to enter the United States. In the recent case of Alex O. v. Superior Court, a minor who was a … Continue reading
Posted in Criminal Defense, probation Tagged juvenile court, minor, probation Leave a comment
If I’m a minor, can I be searched and patted down by police officers for any reason?
November 4, 2009
When can a minor be searched and patted down by police: The police need specific facts to justify their suspicion that a minor is armed and dangerous before they conduct a pat-down or search of the minor. Case law, including … Continue reading
Posted in Criminal Defense, Warrantless Searches Tagged criminal law, minor, pat downs, police officer searches, Warrantless Searches Leave a comment
Can I be stopped by a police officer for having tinted windows?
November 3, 2009
Having tinted windows is not necessarily illegal. If tinted windows meet the requirements of California law (Vehicle Code § 26708.5), there is no basis for a traffic stop based solely on the fact that an officer thinks the windows are … Continue reading
Posted in Traffic Tickets, Vehicle Code Violation, Warrantless Searches Tagged criminal law, police officer, tinted windows, vehicle code violations Leave a comment
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