Traffic stop leads to illegal search. Subsequent seizure and 48 hrs in county jail

Klove72

New Member
Jurisdiction
California
I failed to stop at a red turn arrow light. I noticed the officer turn his lights on as I was pulling into the cul de sac where my fathers home is and pulled into his driveway. The officer told me to stay in the vehicle as he approached. I provided my valid drivers license to the officer. He asked if anyone was on probation and I told him I was on informal court probation for misdemeanor intox in public conviction.
The officer had me exit my vehicle. Searched my person and had me stand at rear of his vehicle.
The officer searched my vehicle and my purse/bag. The officer then asked me which room in the home was mine. I told the officer it was not my home, that I did not stay there and that it was my father's home, he was not at home and they had mo consent to enter. They again asked what room was mine or did I use when there. I told them the front bedroom and pointed to the window again saying it is not my home, the owner is not present and they have no consent to enter. At this point the officer placed me I'm handcuffs and into his vehicle stating I was not under arrest just being detained for probation search. They asked what they would find and I told I had a small amount of marijuana hanging I'm the room I'd pointed out and told them I had a 215 card.
Two officers entered my father's home while I was handcuffed and held in back of the police car. They emerged after about 15 minutes and asked me "where does your dad keep the guns" . referring to deerheads mounted in the living room, ammunition found in the bedroom I pointed out and gun cases (2) located iny fathers bedroom. I told them again I did not live there, that there were no guns kept there as far as I knew and they had no consent to search. At this point they asked me "do you want a felony charge ? You are on.probation, you can't be near guna or ammo now tell us where the guns are so we can take them. Your dad can claim them later. I said I had no.knowledge of any guns. I'm on mis demeanor summary probation that doesn't prevent me from owning firearms and again stated this is not my home and you have no consent to search. They then said if you don't tell is where the firearms are we will continue to search. They left me in the car and went back and searched for another 20 mins in the house..then.asked how to.get In the garage, had my friend secure my dog and searched the garage. Finally after finding nothing they CamE out with two paper grocery bags and attested me for violating probation and cultivation of marijuana.. I was transported to county jail, booked in, dressed out and housed then released 48 hra later by the arresting officer who said there was no grounds for any further criminal proceedings. They made a huge mess in the house . recourse ?
 
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That's what happens when a person breaks their laws.
Nothing to see hear.
I suggest you, your father each hire a lawyer, if you wish to litigate any alleged police violations.
 
Agree.

You and your father need to keep your mouths shut going forward and hire a lawyer.

If the searches were illegal, the evidence could be suppressed.
 
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