It's your right to remain silent, Be Respectful But Do not Consent
Usually when the police stop you, they will resort to search of the vehicle to find something to pin on you to arrest you; usually the charges that follow are exaggerated.
New cell laws is No.1 reason to be stopped in 2017, signed on Monday Dec 27, 2016
Cell-driving 2017 New Law-CA!
Where in car to mount your phone? Wherever it does not distort or block your view of the road
How to use phone in car? Just a 1 finger tap, or single slide, no more.
These laws if not followed will cost you $20-50 fine, repeat offence increases the fine. We know when stopped we are fined in hundreds.
You can be arrested anywhere and at any time, including:
-on the street
-in your home
The police need "reasonable grounds" to suspect you are, or may be, involved in a crime to be able to arrest you.
If you try to escape or become violent, the police can use 'reasonable force' - for example, holding you down so you can’t run off. You can also be handcuffed.
Police officer was not in uniform:
Police officer does not have to be in uniform when stops you, but must show you his/her identification. Believe me they, most of the time, will look for reasons to search you or your home, if they are at your doorstep.
Search and seizure
With the increased intrusion into our privacy by technology's advancements coupled with the old-fashioned racial profiling, canine sniffs or knocks and talks, my clients face ever-increasing challenges of unlawful searches, unreliable information, and prejudicial evidence. Trained in the latest techniques to suppress eyewitness identification and statements obtained in violation of your Miranda rights, I will protect you from law enforcement and prosecution abuse.
The police can also search you when you’re arrested. Search and seizure is their means of finding supporting evidence to the charges that will be brought against you.
After arrest, you will be taken to a police station and held in custody. This means you are not free to leave.
The Police Enters Your Home to Search -Search and seizure- then use what they find as evidence to charge and convict . Normally, the police can’t enter your home (or private property) without your permission, unless:
-they’re chasing someone who’s committed a serious crime - like robbery or assault
-they’re stopping serious damage to your property
-they hear a ‘cry for help’ or someone in distress
-they have permission to enter your home from a court
Search and seizure Success
Oct. 22, 2021, today I won Search and Seizure case, all evidence obtained from my client's car by the Burbank Police Department are suppressed from being introduced into evidence and will be returned to my client.
CA Penal Code Section 1538.5
Can you fight back when evidence obtained during Search and Seizure.
Yes. Evidence such as articles, things, documents, and papers seized from the Defendant without a search warrant, and all police observations and admissions by the Defendant can be kept out of evidence by filing a motion to suppress the evidence pursuant to section 1538.5 of the Penal Code.
If you are stopped by law enforcement:
Be polite and respectful to the officers. But do not say anything without a lawyer present. You have a right to have a lawyer present. Again, Do not speak about what happened without a lawyer present.
Don't argue with them, make any statement about the incident, or say you will file a complaint against them.
Don't push or physically resist in any way. This includes sitting down and refusing to get up.
Keep your hands where police can see them.
Don't run away.
Remember officers' badge and patrol car numbers.
Write down everything you remember as soon as you can. If you were injured, take photos of the injuries.
Locate witnesses and their names and phone numbers.
When your home has been entered and searched; when you have been stopped, searched and arrested. Ask to contact me, I will take care of the rest. I'll take charge, find what the intended or charged accusations are, due to my extensive experiences as defense lawyer, one by one, I minimize the accusations, charges depending on whether or not they have been filed.