Arrest, Search, Seizure, Warrant Suspension of license? Illegal search?

[JohanNestaas]

Hi,

I was pulled over last night (in San Francisco) because of a broken tail light. It was my girlfriend's parent's car, and I had no idea it was broken. They asked for my CA license and registration and i gave it to them.

Before I knew it, they asked me to step out of the car. He held my hand behind my back when I got out, but gently. He asked me why I was driving with a suspended license. I was in complete shock! I never received notice of my license being suspended, and I never did anything wrong. In fact I've never received a speeding ticket.

The same officer tells me to sit on his bumper while he searches my car. He took my key, opened the door, unlocked all the doors, and searched the car thoroughly. He even took out a box and opened it. I'm not sure if he opened the glove box or not, but he went inside the vehicle. He even popped the trunk open and looked through it, picking up items and looking around. Before the search began, he asked me if there was any weapons or anything else he should know about before he searched the car. I told him there was nothing, although I never consented to the search, and I am sure of this.

It turns out that my license was suspended due to a "Fix it ticket" I had receieved four months earlier. I was driving my girlfriend's parent's car (same one) and the police had me sign the ticket and told me to give it to my girlfriend's parents and "not to worry about it". They told me it wouldn't cost anything if it was smogged and registered. The girlfriend's parents called about the ticket and the automated service said it didn't exist. They said they called multiple times and someone said that the officer must not have turned in the ticket so there was nothing to pay off. I learned later that I was supposed to come to the courthouse and pay a ten dollar fine and that I signed that notice on the ticket. The police did not even mention it. They said to hand it to the girlfriend's parents and that it is their problem. I did as told! My address on my driver's license was wrong, because I had been moving around a lot and had no permanent address to give to the DMV. I was and am living at my girlfriend's parents house and did not want to change my address until I knew where I was going to settle. So a notice was sent to my old address, and I never showed, and now my license is suspended and I received a $400+ fine for failure to appear, and the car I was driving was impounded, and I have to appear for a court date about their tail light being out and driving with a suspended license.

This is a major nuisance I do NOT need right now.

I went immediately the next day and had the gf's father get the car out, and pay the towing fee, and we went to the courthouse and talked about the $400+ fine which may be reduced to $260 or less they say because of the situation. I was told I'd be called in 2 days about the other fine and how much it can be decreased. I spoke with the District Attorney about changing my court date, since I was going to move to Florida in a month, and she was very nice and said to call her on this date, not the day before or after, and the date was the court date the officers had set up for me. I'm wondering whether I should trust her, and leave to florida and call. She said I can always set a date later to fly back and come to court if need be, but I'm wondering if she may be wrong and that if I dont show to that appointment already set up for me, I may be getting myself in a much huger mess.

Im also curious about whether that search was illegal in the slightest, and also just an opinion about what I should do about this. I have very limited funds, but I think I could pull off showing up to court and protesting it myself if need be.

I do not need this right now.

Thank you thank you for any help or advice,
Johan

 

[lwpat]

Suspended California License

This is a major nuisance I do NOT need right now.

Legal issues tend to multiply and get worse when ignored. Sort of like the weeds in my garden. The officers did nothing illegal. You were placed under arrest and that gave them the right to search. A vehicle can also be searched prior to towing, as in your instance or in a traffic accident.

If you have a court date you had better show up. Just calling does not equal a court appearance. I don't care what you were told. Unless the clerk of court has set a new date you need to be there. You are also required to keep your address current with the DMV and know you know the reason for the requirement. You can always rent a drop box.

You have to pay the fines and settle the fix it ticket and then go to the DMV and pay another fine to have your license reinstated. You were the driver, your responsibility. If you go to Florida without doing this you will never get it straightened out and you cannot get a Florida license.

 

[cmlzip]

Hi Johan, I'm sympathetic to your dilemma here. I'm assuming everything you said was true about not granting a consent to search and this cop going through your stuff, opening locked compartments and opening up this concealed box. This fella that replied to your post before me is ABSOLUTELY WRONG. The cops have no right at all to search your vehicle just because you were placed under arrest. He MUST get consent from you to open concealed compartments unless he has a dog alert to the car. Blew my mind that this guy would post something so far from the truth.

 

[NYClex]

@ cmlzip, it is really interesting to read that you always know so much about search and arrest issues. Especially that for some reason your knowledge always is very different to the answers that other people post who often correctly describe the law.

May be you have never heard of the concept of "search incident to an arrest" or of cases like U.S. v. Rabinowitz, U.S. v. Chimel, or for this case here N.Y. v. Belton, not even to mention most recent decisions by the US Supreme Court, but what gives you the confidence to just claim to know everything better? How about an inventory search? Dak v. Opperman? US v. Gallo? Thornton v. US?

I still would be very interested in knowing where you obtained all that knowledge.

@ Johan

As lwpat said, it could well be that the search of the car was lawful. There are two major exceptions to the rule that every search needs a warrant, that could be applicable in your case: Search incident to arrest and inventory search.

From what you write I don't know if you were arrested, but you say your car was impounded. In that case cops are allowed to perform an inventory search which actually can even be broader than other allowed searches and include closed containers. An example case for this is United States v. Privett, 68 F.3d 101, where the guy also was arrested for driving with a suspended license and the car was searched before being towed. The court held it was a lawful search.

However, the inventory search has to follow certain procedures. I cannot say from what you wrote if the cop followed them or not. Nevertheless, it looks like they did not find anything unlawful and therefore there will be no consequences from this search, which is good for you.

 

[JohanNestaas]

thanks guys

Personally, I just want my license unsuspended, my fees reduced as much as possible, and nothing on my driving record. It has thus far been clean as a whistle.

Also, to update the situation, I noticed that the officer of the second citation (driving with a broken tail light infraction, driving with suspended license misdemeanor) put my old address on the ticket. Even after polite conversation about what to do, the officer told me that it really wasn't my fault. He told me that I borrowed a car which I didn't know had a broken tail light, and I didn't know my license was suspended. He told me the only fault I had in the matter was not updating my address at the DMV. I had not done this because I had been moving constantly during the last six months and had no permanent address. Before this new court date, I also was movign to Florida but I may not now.
Anyway, the officer understood my problems were caused by having the wrong address in the record, but in the end, he left my new citation with my old address as well. It was probably a simple mistake, but I wonder if it will aid my case when I speak with the judge. Any suggestions?

Also, I noticed something very sketchy about what I was told at the court house. I tried to request an earlier court date, but I was told the ticket wasn't even in the system, and it was pretty early already, so it was suggested to speak with the District Attorney.

I spoke with her, and told her the whole situation including that i wanted to move to Florida and the court date complicates matters, and she told me not to worry about it, and go on ahead and move. She put a yellow sticky note on my copy of the citation with her name, the phone number to the District Attorney's office, and the court date. She told me to go on ahead and move, and that to call her on my court date and "not a day before, not a day after". I thanked her and left. Later I called the Superior Court after realizing how strange it was I never saw her type anything in to fix it, or print any forms regarding the matter, and asked whether I had any court dates. They told me it wasn't in the system yet (sigh: "it takes 3-6 weeks"). I told her I spoke with the District Attorney, and that she told me to move to Florida and call her on my court date, and the lady who picked up from the Superior Court number told me that was highly odd and that if I had a court date, I had to appear, regardless. I could be fined, or worse.

Now just what is going on here?
Does the District Attorney have any jurisdiction to let me slide from court and call it in? What will happen if I move?

I'm almost positive I will stay for court and explain my situation to the judge, and then call the district attorney to stay safe on both sides, but why would I be led in a little circle like this?

I'm also considering hiring a public defender considering I have a couple hundred with which to pay my fines I have due (which have been reduced to $260), and no job. Does anyone know how that works and if it matters that I'm 21 and my father is rich? I'm not declared as anyone's dependent and I don't speak with my father, but I'm not sure if it works the way financial aid does with college. Also, is the public defender even worth the effort in this sort of case? Should I bother, or just take it in my own hands and tell the judge my story?

Thanks again, every comment is and was appreciated
Johan

 

[deepakhj]

I'm interested to hear what ended up happenning. The same situation happenned to me.

My friend did a major tuneup on my car last October. He lent me his car which had expired tags but didn't tell me. I got pulled over in SF and got a fixit ticket for expired tags under his car. I gave him the ticket and he promised to take care of it. I too have moved countless times in the past 2 years and my DMV address was wrong.

Fast forward to this weekend. A Daly City cop pulls me over because one of my taillight bulbs is out (1 out of 4, both sides still light up). The first question he asks me is if it's my car like I stole it. I figure I am just getting a fixit ticket for the lights. He then tells me to get out of the car and that my license is suspended. He then tells me my car is going to be impounded. I was really pissed off because I have a perfect driving record, legit insurance/registration. Because my friend is an idiot the next day was one of the worst days of my life.

First I had to go to the police department and pay $150 for a slip of paper saying I can get my car. Then I paid $290 to take my car out of the impound. Next I run over to DMV to find out what the hell is going on. They tell me I have a failure to appear for that expired tags and I have to go to 850 Bryant. At 850 bryant, I wait about 1 hour to fill out a petition in the Civil Assesment section of the traffic fines room. It is then in queue for the judge to look over. So I have to wait a couple of hours for that. Then she says my fine was reduced from $495 to $310. I go to City Hall and pay that. Finally I walk on foot (it's impossible to find a taxi in SF) back to 850 Bryant and pay a another $15 for some abstract form to unsuspend my license.

The next day I go to DMV, pay $55 to release a suspended license and also $25 to apply for a new one. (Because the cop took it)

I still have to appear for the ticket I got this weekend for driving with a suspended license and the taillight.