QUESTIONS REGARDING THE LAW IN CALIFORNIA

jt air jt

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I need some questions cleared up for me regarding the laws here in California (mainly the Los Angeles County and Santa Barbara County), I've been gathering too much attention for no reason and I need to be prepared the next time I am to get pulled over, approached on foot, etc. As some of you know, I've been going through some wrongful police treatment lately and I need help for the future...

1. If I have evaded the constable (police) and have been arrested before, if I were to get involved in another high speed chase what are the implications? Jail time? Ticket(s)? Traffic School? DMV restrictions? Etc?

2. If I were to be approached on foot, what are my rights? What can/can't the police do?

3. I was arrested 2 weeks ago in SB; I was sunk in my seat while reading a book when a peace officer came to the side of my window and asked me to step out. I then complied and was IMMEDIATELY handcuffed without probable cause. They thus search my car without a search warrant or consent (illegal search and seizure). After searching my car they find a nug of
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and open my trunk (again I tell the officers that they don't have any right to search my trunk). They find my safe, where the officer could smell my oz of
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and informs me that if I don't tell him where the key is, they would break open my safe (being on the safe safer side I consent for them to look in my safe hoping my medical marijuana recommendation prescription verification form is in the safe). After 'searching' my car, they couldn't find my script and thus I went to county for 13 nights/14 days. Consequently the tow truck lot charged $700 for my car to get it out of impound. Now I'm deprived of my medication, my stash that was in the safe and worst of all my freedom was taken from me. Can I open a case and win?

I just got out of county a couple of hours ago, so I apologize if I'm not making sense right now, it's 4:12am here in Cali and I'm losing sleep because of the midterms I've missed, business I have to take care of, if anyone could clear up some of these matters may their soul be Blessed...
 
I got locked up for possession with "the intent to distribute (sell)" but they didn't have enough evidence and my case was dismissed.
 
You could fight it and win.

Relating to the marijuana in order to win that part the doctor that gave you the recommendation might have to testify on your behalf. Basically telling the Judge that your a legit medical marijuana user. This depends on how legit you got your paper, if you have a legit and worthy condition then your set.
 
My case was dismissed so basically I won THAT case (even though they have my bong, safe (cash,
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and horticulture bible))

I want to open a new case and sue SB county for false imprisonment and impound fees. Hence I'm on a tight budget this semester (again) and I want to represent myself in court, what book should I look into? Deering's and when should I bring the case to court? And where? LA County or SB county? And how would I go about doing this?

If y'all could help (and y'all know who y'all are help a brother out - shoot a pm or something) that'd be Great...

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First of all, you have the right to NOT get in a high speed chase with the cops.  That is one chase that you will not win.

Second, if they have probable cause, they can search your car without a warrant.  Since there is apparently already a history of several run ins with your car, it is likely that they already have you on record and have the absolute right to search your vehicle without consent.
 
The car they searched wasn't the same car that I got into the high speed chase with. A better question would be... If I were to get into a high speed chase, could they search my car without a warrant (and in court claim that the hot pursuit with stated vehicle could warrant probable cause for a search and seizure)...?
 
Originally Posted by JT AIR JT

If I were to get into a high speed chase, could they search my car without a warrant (and in court claim that the hot pursuit with stated vehicle could warrant probable cause for a search and seizure)...?

Use some common sense dude. No, they don't need a warrant to search you, after you've been in a chase. Like somebody else said, if they had probable cause to search, they can. Seems like they have every reason to in your case, because it seems like you've had numerous run ins. How about you don't drive with anything illegal in your car? Sound smart?
 
I said stated vehicle (which in layman terms, means that if I were TO get into a high speed chase (being that, after I am released from custody and my car is released from the impound), could they search my chattel (car) AFTER the incident days later without a search warrant (thus here would the constable UNDER "the law" have the right(s) to probable cause?)...
 
Were you charged and convicted of anything for your HSC?

I'm pretty sure you can get all your belongings back too. I would talk to the evidence dept or the DA in your case.
 
I was in jail for 2 nights and copped 2 years of (informal) probation...

And why talk to the DA? (I thought about representing myself...)
 
Also the HSC was in LA County...

My recent custody (false imprisonment) case was in Santa Barbara...
 
This is a good topic, I know there's a few NT cats that really know their law. This past week some cat in here mentioned that he is a lawyer making 250K (forgot his screen name). I'm sure cats like him could give you some legit legal advice, that's what NT's all about.
 
[h2]"He who represents himself in court has an idiot for a lawyer and a fool for a client"
[/h2]

Also it would be best to make an appointment with a real lawyer for a consultation (some are free) and ask these questions to make sure you get accurate answers.
 
Might just want to take an L on this one and remember to keep your paperwork on you.


Otherwise. This is sounding like straight ducktales.

If they can smell it, probably cause, if they found it, enough of a reason to continue searching the car....
 
Originally Posted by JT AIR JT

I was in jail for 2 nights and copped 2 years of (informal) probation...

And why talk to the DA? (I thought about representing myself...)
Not sure if it's for all cases and if its a SF or Cali thing but when you're convicted of a crime. You agree to be searched by the cops without any PC. Its called a 1035 in SF.

The DA is on the other side.  You talk to the DA about releasing the evidence in your case since it was dismissed.  If you have some paperwork from the court showing it was dismissed,  I would try going straight to evidence first. 

You dont know the difference between a DA and a Public Defender and you wanna represent yourself??  
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Like Exec76 said.  Talk to a lawyer for a consultation. Tell them you dont have funds to pay. If they think you have a good case, they prob take it knowing they'd get paid when you win.
 
I was thinking about representing myself through pro se, is it true that the attorney will have his share regardless of whether (s)he represents me or not?
 
well if you evade you get 6 months off the bat and any traffic laws broken during the chase.
 
Originally Posted by JT AIR JT

My case was dismissed so basically I won THAT case (even though they have my bong, safe (cash,
pimp.gif
and horticulture bible))

I want to open a new case and sue SB county for false imprisonment and impound fees. Hence I'm on a tight budget this semester (again) and I want to represent myself in court, what book should I look into? Deering's and when should I bring the case to court? And where? LA County or SB county? And how would I go about doing this?

If y'all could help (and y'all know who y'all are help a brother out - shoot a pm or something) that'd be Great...

pimp.gif
you really don't want to do that. hell, most lawyers dont want to do that. from what you described, your not gonna win a civil suit. a friend of mine sued Montgomery County, Md a few years ago for police brutality. Incident happened in 2004-05, and he settled for 100k in 08. After lawyers fees and admin costs, he received a check for 64k. But it took over 2 years, and he settled. If it had actually gone to trial, it might still be going on.

In short, quit riding dirty

  
 
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