Sunday, July 4, 2010

What if I refuse, but police search me anyway?

Know your rights. know that you can refuse to a search if the police does not have a search warrant. If they do have a warrant, don't panic...ask to see the warrant as you have a right to see it. I was arrested last year on an ILLEGAL search warrant, but didn't know at the time it was illegal. Know that the CA Penal Code states the warrant must be executed within 10 days of a judge's signature. My search warrant was executed about 20 days later. In a case as this, your attorney can file a motion to dismiss evidence against you. Watch out though...if you have a public defender, remember they work for the state, as does the DA, the police and the judge. If your attorney doesn't really fight for you, then you speak up in open court to the judge and state what the law says. Know your rights so you can protect yourself.

What if I refuse, but the police search me anyway?

You can refuse to be searched. If the police search you anyway, don't panic, know your rights, instead. If you refuse to be searched, tell your attorney. Beware though, if you have a public defender as they work for the state just as the cops & the judge do. I had proof that I was threatened & coerced under duress, but my attorneys didn't care because they work for the state. I even had a typed statement ready for court at my sentencing hearing and my public defender suggested I keep quiet. I now know he didn't want me to talk because his contract for the next year with the court may not have been renewed! However, if your attorney(s) don't really fight for you, that's when you talk to the judge in open court yourself and state the law.