Search and Seizure: No Probable Cause

mercredi 17 septembre 2014

My question involves criminal law for the state of: ca



my friend was in a hotel room by himself. he was not on probation at the time. the car he drives is not in his name yet , although he is in the process of purchasing it through a car dealer. the police officer saw the car in the parking lot of the hotel and in the report says that he recognized the car to belong to my friend and had seen a female passenger in the car recently whom he recognized to be on probation, so he went to the room to question my friend. he hid behind the maid and when my friend opened the door feeling he had no reason to be concerned, the cop ended up searching the room, finding drugs and arresting him for possession of narcotics with intent to sell. unfortunately he has already taken a deal of three years of formal probation of which he is currently sevring his first of probablly many vioations on. i dont think the cop had the right to even go to his room. and im pretty sure that just because the girl had been seen in the car on some other occaision, does not give him the right to search? i dont know but i think if he had waited and not taken the first deal it may have been droppped. the whole thing just seems like a bunch of crap. the girl had not even been to the hotel and it had been at least one or two weeks since she had been in the car. is there any way to appeal the case? can it be brought back to court or will it be expensive and lenghty and impossible?





Search and Seizure: No Probable Cause

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