Trusted Criminal Defense Attorneys In Southern California
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How the Crime Rate in California Compares to the Other States
Crimes are committed every day across the country and in the state of California. In terms of size, California is the third-largest state in the country and when it comes to population, California has the most residents of any other state.
When compared to the rest of the nation:
The state’s murder rate is just below the national average.
The state’s rape rate is lower than the national average.
The state’s robbery rate is significantly higher than the national average.
The state’s assault rate is higher than the national average.
The state’s burglary rate is much higher than the national average.
The state’s theft rate is a bit lower than the national average.
The state’s car theft rate is much higher than the national average.
If you were arrested in California, you need effective and dedicated legal representation to overcome your charges and secure the best possible outcome. The Manshoory Law Group is a Los Angeles criminal defense law firm that has your best interests in mind and is dedicated to finding ways to reduce your charges or have your case thrown out.
Most Common Crimes in California
Each day, people are arrested and accused of committing crimes in California. The majority of crimes that are committed most often tend to be misdemeanors. The following crimes happen with higher frequency in the state:
Even though it is legal to have and use marijuana, there are limits on how much a person can have in their possession. There are also age limits as to how old a person must be to use marijuana. If you violate these guidelines you will be arrested.
Violence purposely committed on individuals that live together or have some type of intimate relationship with each other such as spouses or family members is considered domestic battery and is illegal.
Driving while intoxicated on drugs, alcohol, or both are not only incredibly dangerous but it is unlawful.
Stealing merchandise from a store or other business that is valued under $950 will result in shoplifting charges.
Using someone else’s credit card fraudulently and deceptively is credit card fraud.
First-time offenders will tend to get the lower of the punishment assessed with the crimes committed. Subsequent crimes that are done by the same person will have much harsher consequences. Penalties can includeincreasingly expensive fines, time in jail, probation, suspension of driver’s license, community service, and mandatory drug counseling.
Very serious crimes like murder were punishable by death. However, in 2019, Governor Gavin Newsom put a moratorium on the death penalty by way of the executive order. Governor Newsom’s executive actions gave people on death row a reprieve and requested getting rid of lethal injection and shutting down the San Quentin State Prison’s execution chamber.
Speak with a Los Angeles Attorney Today
The Manshoory Law group could advocate on your behalf if you were arrested for a minor crime or a very serious offense in the greater Los Angeles region. The Los Angeles criminal defense attorneys at the Manshoory Law Group understand what it takes to build a strong defense plan and have the resources and relationships in place to support it.
You can schedule a meeting with one of the talented California criminal defense attorneys at the Manshoory Law Groupto discuss your case free of charge by calling (877) 977-7750.
Responsible people who want more freedom with their second amendment rights will likely want to live in a state that has fewer restrictions on gun ownership and usage. By contrast, individuals who are opposed to gun ownership may like to live in a state that has very strict gun control laws.
When it comes to the state of California, the gun laws are firm and quite stringent. As such, the Giffords Law Center ranks the state number one with respect to strong gun laws when compared to all other states in the nation and also grades it with an A. By contrast, Mississippi is ranked number 50 in the nation for gun law strength, and the law center gives Mississippi an F.
Under the Second Amendment to the United States Constitution, you have the right to carry a gun in California. However, it is important to understand the state’s tough laws so that you use your gun lawfully and do not get caught up in the criminal justice system.
The laws are constantly changing and staying up-to-date on how to continue to be a responsible gun owner is necessary. Otherwise, you could unwittingly violate new or adjusted legislation and be put under arrest. If you have been arrested for California gun law violations or any other alleged crimes it is best to speak with aLos Angeles gun defense attorney immediately.
Which States Have the Most Lenient Gun Laws?
Gun sales can ebb and flow depending on what is happening in the country and around the world. For example, the pandemic caused a surge in the number of guns that both Americans and our neighbors to the north, the Canadians were buying.
As of 2020, veteran gun owners and new gun owners have been best welcomed with their firearms in the following states:
Arizona
Idaho
Alaska
Kansas
Oklahoma
Gun Owners are going to have a lower risk for issues with the law in these states because the gun laws tend to be more lenient, there are fewer bans, and there is greater flexibility.
While individuals that have guns in the following states will have more barriers and hurdles to legal gun ownership:
California
New Jersey
Massachusetts
Hawaii
New York
If you make a mistake with your firearm in California, you could be arrested. The stakes are very high should that happen because the repercussions and penalties can be dire and negatively impact your life in the long term. Even the most innocent error could be a breach of California’s gun control laws.
So your best protection from these negative consequences is to get to know the law. Should you have an issue, then it is imperative that you work with a knowledgeable and proficient Los Angeles criminal defense attorney.
Who Cannot Possess a Firearm in California?
California law prohibits certain people from possessing guns and ammunition. Examples of when an individual would fall under this prohibition include:
anyone convicted of a felony
a person with two or more convictions for brandishing a weapon
persons convicted of certain misdemeanors
minors.
The bill currently before the governor would add misdemeanor convictions for hate crimes to this list. The ban on owning guns for designated misdemeanors is for 10 years following the conviction, and violations are classified as a crime subject to up to one year in State prison or county jail and/or a fine of up to $1,000.
The other bill under consideration would ban openly carrying unloaded firearms (rifles and shotguns), other than handguns, which is a separate offense, in a public place or street within unincorporated areas of a county. A conviction for violating this provision could mean up to a year in jail and/or a fine of up to $1,000.
A conviction for either proposed offense would have long-term consequences, such as job and housing prospects. To avoid this harsh result, the services of an experienced criminal defense attorney should be secured to strongly fight any charge.
Where Are Firearms Currently Prohibited in California?
Present law prohibits carrying unloaded handguns in public places or streets within an incorporated city or county, and in public places where firearms are prohibited generally, including:
school grounds
government buildings
airports
public transit facilities
Further, carrying a loaded firearm anywhere is a crime, even if the gun is inoperable, but the defendant must know the gun was loaded in order to be convicted. Further, the open carry of weapons is generally prohibited except in unincorporated areas where open carry is not illegal, and this exception is what the proposed bill mentioned above is trying to eliminate.
The gun laws in California are highly complex and frequently change, making it easy to unknowingly violate the law. A criminal defense attorney is trained in defending gun charges, and, depending on the circumstances, can succeed in having charges reduced or dismissed.
Speak with a Los Angeles Criminal Defense Attorney Today
The Manshoory Law Group only works on criminal defense cases including preserving and securing the rights and freedoms of individuals accused of gun crimes in California.
When you work with the Los Angeles criminal defense attorneys at the Manshoory Law Group you will be in good hands and have the best chance to overcome your charges and obtain the most desirable outcome.
To schedule a free case evaluation with the Manshoory Law Group, please call (877) 977-7750.
You wouldn’t be alone if you were convicted of a crime in California and you preferred to serve your time in your home rather than in jail. Many individuals are unaware of their rights and options after a conviction.
Some crimes, not all, that involve jail time may have the potential for alternative sentencing like home detention. Working with the right legal team who knows how to effectively argue on your behalf for house arrest will increase your chances of obtaining this favored outcome.
It is critically important that you work with the most astute and experienced Los Angeles, criminal defense attorney, after your conviction because judges tend not to readily offer up opportunities for alternative sentencing. It is the responsibility of your attorney to know when an alternative sentence applies so that they can request it for you.
Further, even when a lawyer seeks alternative sentencing it is often denied. It takes a proficient and convincing attorney to coax a judge and prosecutor into believing that you merit the right to serve your time in your own home.
The capable and savvy Los Angeles criminal defense attorneys at the Manshoory Law know how to secure the best possible results for individuals convicted of crimes in California.
Who Qualifies for House Arrest
House arrest may be issued to individuals under the following conditions:
The individual is non-violent.
The individual is not a threat to the public and is low-risk.
The individual has not been forbidden from the opportunity to be given home detention.
The individual’s residence during their home detention sentence is local to the county that they were sentenced.
The individual has a land-line telephone in the home that they are serving their time.
The individual may have to pay for the total cost or a portion of the cost associated with their home detention.
What are the House Arrest Rules in California?
When house arrest in California is issued, there are several rules that you will have to follow. It is incredibly important that you abide by all of the guidelines for your home arrest. Should you violate any of these rules, you will lose your ability to serve your time at home and will be sent to jail for the remainder of your sentence.
You must stay inside your home at all times. Spending time relaxing outside in your backyard, for example, could be considered a violation.
You will be monitored 24/7 through a GPS tracker or an electric ankle bracelet. If you fiddle with these devices or there are any irregularities identified, you can be in jeopardy of losing your home arrest privileges.
If the judge believes you have an alcohol or drug problem, you may have to also wear an alcohol-monitoring bracelet or a drug patch.
If you were permitted the ability to leave your home to go to specific approved locations, you can only go to these places. You will also be limited in the time you are allowed to be away from your home when you leave.
How to Request House Arrest
The talented legal team at the Manshoory Law Group will find every way possible to effectively defend you. The Manshoory Law Group will always search for and fight for the best possible results. Call the Los Angeles attorneys at the Manshoory Law Group to schedule your free consultation at (877) 977-7750.
Every American is afforded specific rights under the United States constitution. These rights are not limited or taken away from individuals that get caught up with the law. If you were arrested in California for an alleged crime, the officer who detained you will file a Los Angeles police report about the incident. Potentially, what the officer includes in the report is inaccurate. If this is true, then you are a victim of a false police report in California and you can take action against the official because of your constitutional protections.
Individuals who are arrested for presumed crimes must be treated properly and fairly under the law. There is a legal process that has to take place and when guidelines are breached, the defendant can fight back and obtain justice. The criminal justice system in California can be difficult to navigate alone.
However, with the help of aLos Angeles criminal defense attorney you can improve the chances that you see your full legal justice if you have been wronged by the system. The Manshoory Law Group is a time-proven California criminal defense firm that is laser-focused on fighting for the best outcomes for aggrieved individuals charged with crimes.
What are the Penalties for Filing a False Police Report?
A false police report happens when the details of an alleged crime are incorrect. An illustration of how this works is an officer arrests an individual for a suspected drug crime and then puts in their report that the person was in possession of drugs. In reality, though, the individual did not have any drugs.
Officers that are proven to write false reports will face consequences. This is why it is incredibly important that you have effective and experienced legal counsel working on your case if you think that there was a false report against you.
When a false report happens, a proficient Los Angeles criminal defense lawyer will know how to investigate your case and move forward with filing a motion due to Penal Code 118.1. PC 118.1 in California protects you from rogue law enforcement officials trying to unjustifiably get you into trouble with the law.
Officers can face either misdemeanor or felony charges for writing a false report in California. When an officer is charged and convicted of a misdemeanor they could face as long as one year in jail or they may be put on probation. In felony situations, the time served in jail increases to a maximum of three years or probation may result.
Consequences Of False Reporting And Possible Defenses in California
Not every officer lacks integrity and is untrustworthy, but just like any profession, there are those that may abuse their power. It is important for the public to trust law enforcement, which is why the bar is so high for these professionals to behave accordingly, fairly, and lawfully. It takes only one officer to engage in unethical and prohibited behavior to make communities distrustful of the police.
If you are being accused of a crime that you did not commit, you may be able to use PC 118.1 as a defense if you have skilled criminal legal counsel in Los Angeles. Call the Manshoory Law Group today at(877) 977-7750to discuss your case and learn about what you can do to preserve your rights and freedoms during a free consultation.
The United States has been dealing with civil unrest from various events as far back as the 18th century. Recently, the country has been reeling from ongoing protests and riots resulting in more than 10,000 arrests. If you plan on attending one of these events, the state of California has specific laws about how to protest legally and how to interact with law enforcement. Knowing your rights beforehand and understanding the law can keep you from an arrest that can lead to jail and expensive fines.
The implications of an arrest in California and a potential conviction can have far-reaching deleterious effects on a defendant’s life. If you were arrested, don’t consider it a small matter. It is critically important that you understand what the penalties you face are and how to move forward in the most effective and favorable way possible.
The Los Angeles criminal defense attorneysat the Manshoory Law Groupexclusively practice criminal defense law and can prepare and present a customized defense for you based on the details of your case.
What Happens If You are Arrested for Battery on a California Peace Officer?
Under Penal Code 243b and PC 243c, you will be arrested for battery on a California police officer if you actively and aggressively touch a protected official in a harmful way or in another abusive manner. This intentional act is unlawful and will get you into legal trouble if you have been found doing it.
These laws though are only applied to specific officials while they are acting in their professional capacity. In other terms a police officer, for instance, when off-duty cannot assert privileges associated with battery laws if an incident arises with another civilian.
Protected officials in California are:
Police officers
Custodial officers
Firefighters
Emergency medical technicians
To clarify what acts would be considered battery on a police officer in California, these are some examples:
Being uncooperative during an arrest and slapping, scratching, or trying to stomp on the official’s feet.
Propelling rocks, frozen water bottles, and other dangerous debris at an officer during a California protest.
Typically, battery on a peace officer in California will be a misdemeanor. The resulting punishments include being sent to county jail for as long as a year and also the potential of having to pay a fine as high as $2,000. Because battery on a police officer can be a wobbler crime based on what happened during the incident, the penance may increase substantially.
If the crime is deemed to be a wobbler this essentially gives a prosecutor the ability to decide if they are going to elevate the charges to a felony. If this happens, a defendant will face increased time in county jail for as long as three years as well as the possibility of a $10,000 fine if convicted.
Why are People Arrested for Protest if it’s Their Legal Right?
The Los Angeles criminal defense lawyers at the Manshoory Law Group understand how important it is to fiercely defend individuals who are arrested for alleged crimes. You are innocent until proven guilty and for the best legal defense possible, call the Manshoory Law Group to schedule your free case evaluation at (877) 977-7750.
Domestic violence is a major problem, all across the world, and a lot of focus is placed on the physical effects of this form of violence, but it should also be noted that there are many mental health effects of domestic violence too. Indeed, many studies and reports have noted clear links between domestic violence and mental health decline in victims.
The psychological effects of domestic violence aren’t always as easy to spot as the physical scars and bruises, but they can be just as damaging, if not more so over the long term. This guide will explore some of the ways in which mental illness and domestic violence are linked. If you’re dealing with domestic violence charges in the state of California, finding a trusted domestic violence attorney is key.
What is the Correlation Between Domestic Violence and Mental Health?
There have been various studies into the links between domestic violence and mental health. These studies have shown that over half of the woman in mental health environments has suffered some form of abuse from a romantic or intimate partner in the past. Commonly, these women suffer from a range of after-effects of domestic violence, including depression, anxiety, and PTSD.
Traumatic events in a person’s life can affect their mental health in a variety of ways. So it’s only logical that if a person suffers physical or mental abuse from someone close to them, that trauma can remain with them for many years, which is why so many victims experience mental health effects of domestic violence.
Even without the clear signs of depression or PTSD or other major mental health problems, victims can still suffer various after-effects of domestic violence mentally. They may find it hard to focus or be productive, for example, or they might have difficulties engaging with others, getting into relationships, providing care, or coping with challenges in life.
How does Abuse Affect Mental Health?
There are many different ways in which abuse can affect mental health. For example, being physically assaulted and harmed by someone who is or has been loved and trusted can be a very damaging experience for a person’s mental state. It may make them frightful, anxious, and depressed on a day-to-day basis, struggling to find enjoyment in life due to the repeated harm they’ve had to endure.
Other mental health effects of domestic violence can include the development of new fears and phobias. People who have been harmed by someone they loved may find it scary to be alone with other people in the future, or they might develop a phobia of intimacy in general. They may struggle in many life situations that might not cause alarm to those who haven’t experienced domestic abuse.
Being abused can also lead to a person developing issues with self-confidence, doubt, and belief. Victims often struggle to value themselves and their lives due to the harm and abuse they’ve received in the past. The psychological effects of domestic violence can therefore be vast and varied, depending on the specifics of each case.
Can Domestic Violence Cause Depression?
There are many links between depression and domestic violence. People often wonder “Does abuse cause mental illness like depression?” and the studies and reports clearly show that this is a very real possibility, with many victims of abuse suffering from depression both during the period in which they were abused and after it.
As explained above, side effects of domestic violence can include fear, anxiety, stress, phobias, relationship problems, self-doubt, lack of confidence, lack of belief, and so on. They can also make it hard for people to enjoy activities, make friends, get into relationships, and get out into the world.
All of this can contribute to depression, so it’s clear that depression and domestic violence are inexorably connected. Anyone who gets arrested for domestic violence in LA can therefore face harsh punishments, including jail time and a criminal record. A criminal defense lawyer is essential for navigating this situation in the correct way.
Ways to Promote Mental Health Wellness for Victim-Survivors
Fortunately, with growing awareness, new possibilities have emerged, and there are now many ways in which mental health wellness and self-care can be encouraged for victims and survivors of domestic violence.
Speaking with mental health professionals and therapists is usually the first step of any wellness plan. They’ll be able to help victims understand their emotions and develop strategies to move past their experiences.
Mindfulness behavior and exercises can be helpful to promote better mental health in victim-survivors.
A self-care plan can be beneficial for raising a person’s confidence and belief in themselves, as well as treating their mind and body with greater care.
An emotional safety plan may also be established to help victim-survivors accept and cope with the emotions they’re experiencing as a result of abuse.
If you are facing criminal charges in Los Angeles and law enforcement is searching your private property to gather evidence against you, please know that you have rights. The authorities are not allowed to illegally search your private property and take things from your house or car, for instance, to use against you in court.Under the Fourth Amendment of the United States Constitution, law enforcement may not act unlawfully when they are arresting people, searching their property, or taking items from a private individual’s property.
Despite these protections under the constitution and upheld by the state of California, there are times that law enforcement can investigate your private areas and gather relevant evidence to use against you. If you have been arrested and charged with a criminal act in California, it is best not to face the court system alone and without effective and proven professional legal representation.
The Manshoory Law Group only works on criminal defense cases in California, so the firm is well-positioned to defend your rights and freedoms from severe penalties that you could potentially avoid. The Los Angeles criminal defense attorneys at the Manshoory Law Group will look at how evidence was collected by the police and determine if there is a way to show that what was collected by the authorities should be dismissed because it was not properly obtained.
When Can Police Legally Search Your House?
While you absolutely have the right to prevent self-incrimination by having the authorities search your private property, there are instances where the police are, by the law, allowed to do so. In cases where the authorities search your property and find incriminating evidence, your Los Angeles criminal defense attorney is going to have to figure out how strong the evidence against you is.
There are many times that what the authorities have is damning to a defendant. Even though this may be the case with what the prosecution has to use against you in your case, that doesn’t mean that there aren’t other ways to fight your charges. Targeting every aspect of how the police obtained their evidence can be a way to have the most devastating information thrown out of your case.
If it can be argued that the police violated your rights with unlawful search and seizure you may be able to have enough evidence removed that your charges are dropped because of lack of proof.
These are the legal ways that the authorities can gather incriminating information:
If a judge issues a warrant, then the warrant will state where law enforcement can look and you have to abide by the terms of the legal document.
If you allow the authorities to search your private property through consent, they have the full range to look at anything they want.
If there is probable cause an officer can search locations near you.
If you have an incriminating piece of evidence in clear view of an officer, it can be seized.
If you flee the authorities and enter into a structure, the police may be able to follow you and what they find they can use.
Speak to an Experienced Criminal Defense Attorney Today
You deserve to have your legal rights and liberties protected even when you are suspected of committing a crime. If a police officer illegally and unfairly tries to use their power to collect information that can hurt you when you go to court, the Los Angeles criminal defense lawyers at the Manshoory Law Group will address this issue and make sure that any of that information is inadmissible in your case.
It is unlawful under California Penal Code 137 to give a witness anything as a bribe to influence what they say when they are on the witness stand. Likewise, a witness who accepts a bribe to affect what they say in their testimony in court can also be charged with a crime under Penal Code 138.
If you are charged with witness tampering and bribery, you could spend up to four years behind bars, the same is true for a witness that takes a bribe. Both the person who bribes a witness and a witness who agrees to a bribe will be charged with felony crimes. These laws were put in place to safeguard against false testimony by making both a person bribing as well as a person asking for or taking a bribe eligible for serious charges for these actions.
Whether it be financial compensation, tangible gifts, or promises if the prosecution in a Los Angeles criminal case can clearly show that there was intent on either side or both to offer a bribe or acquire one, then felony charges will ensue. Not only will charges come with years in prison, but there are also expensive fines a defendant must pay. Other consequences can include having to take anger management courses and the loss of the 2nd Amendment rights.
Possible Defenses to Charges of Witness Bribery in California
A defendant facing bribery charges in California has to have a strong, and convincing legal defense protecting their best interests. The Los Angeles criminal defense lawyers at the Manshoory Law Group fully understand how to counter California bribery charges.To determine the best explanation as to why your charges are illegitimate they will comprehensively review all details of your case.
Examples of effective bribery defense strategies include:
When the prosecution shows that you had the intent to bribe another party, the Los Angeles criminal defense attorneys at the Manshoory Law Group can artfully argue that the prosecution is incorrect and that the acts that happened were by chance. That the behaviors you engaged in were not connected to motivating a witness to change their story.
If you were under the influence at the time the bribe was made it can be said that you didn’t have your senses when the situation took place.
You were trying to protect someone you loved and felt compelled to engage in the acts because of the duress you were feeling.
The police entrapped you and undercover officers actively tried to get you to offer or take a bribe. In any other situation without the pressing by the undercover authorities, you would have never done such a thing.
Work with a Los Angeles Criminal Defense Attorney Today
Countering bribery charges in Los Angeles is complex and should only be done with the help of an experienced Los Angeles felony defense attorney. The talented Los Angeles white-collar crime attorneys at the Manshoory Law Group are committed to fighting on your behalf and obtaining the best possible results.
To learn more about how the attorneys at the Manshoory Law Group can help you beat your criminal charges, please call(877) 977-7750 to schedule a free case evaluation.
In its most basic terms, it’s a crime to annoy or harass someone with electronic communications and to make credible threats of harm to the recipient or the recipient’s family.
Penal Code section 646.9 states that “Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking[.]”
Harassing means engaging in a knowing and willful course of conduct directed at a specific person that seriously annoys, alarms, torments, or terrorizes the person and that serves no legitimate purpose.
A course of conduct means two or more acts occurring over a period of time, however short, demonstrating a continuous purpose
To give the law greater enforceability in the digital age, the California legislature stated a “credible threat,” as required for a stalking conviction, may be made by the use of an electronic communication device. (Penal Code section 646.9(g))
Electronic Communication Devices include but are not limited to, telephones, cellular phones, computers, video recorders, fax machines, or (oddly enough) pagers (Penal Code section 646.9(h)) Electronic Communications also borrow from the extremely broad federal definition meaning “any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photo-optical system” (Penal Code section 646.9(h) and 18 U.S. Code section 2510.)
What’s the Worst that Could Happen?
Cyberstalking is a wobbler, meaning it can be prosecuted as a felony or misdemeanor. Prior convictions for domestic violence (Penal Code section 273.5), violations of domestic violence restraining orders (Penal Code section 273.6), or criminal threats (Penal Code section 422), increase the minimum and maximum punishments.
As a misdemeanor, no priors: 1-year county jail maximum, $1,000 fine maximum
As a misdemeanor, with priors: 1-year county jail maximum, $1,000 fine maximum
As a felony, no priors: 16 months or 2 or 3 years state prison, registration as a sex offender (in the discretion of the court)
As a felony, with priors: 2, 3, or 5 years state prison, registration as a sex offender (in the discretion of the court)
What Defenses can Los Angeles Cyberstalking Lawyers Provide?
To be convicted at a trial, the prosecutor must prove beyond a reasonable doubt that
The defendant willfully and maliciously harassed or followed another person AND;
The defendant made a credible threat (online or offline) with the intent to place the other person in reasonable fear for her safety or for the safety of her family;
Cyberstalking is a specific intent crime, so to convict someone of this offense, the prosecutor must prove beyond a reasonable doubt that at the time the communications were sent to the recipient, the intent of the sender was to place the recipient in reasonable fear for their safety or the safety of their family.
This presents a difficulty because only the accused generally knows what their intent was at the time they acted. However, a prosecutor is allowed to prove mental state and intent by circumstantial evidence. If the content of the messages is threatening, and the sender had no other reason to send threatening messages other than to terrorize the recipient, a jury can infer that it was the sender’s intent to do so.
Further, because the cyberstalking law criminalizes speech, an accused person might have some first amendment protections from prosecution. In fact, courts have held that “A person is not guilty of stalking if her conduct is constitutionally protected activity.”
(California Criminal Jury Instructions 1301; See Civ. Code, § 1708.7(f) [civil stalking statute].) So, it is more difficult to prove a cyberstalking case where the victim is a politician or government figure and the messages seem directed squarely at the political actions of the recipient (E.g. “You should be afraid of what God will do to you for supporting abortion! You’re going to rot in hell forever!” written to a state or local government official.)
It’s important to know your rights to react appropriately in encounters with the police. You have to know your rights when you get arrested, for example, to protect yourself. People who don’t know their rights can often make mistakes, saying things they later regret or agreeing to actions that they don’t need to agree with, simply because they weren’t aware that they had a right to refuse.
One of the most common situations in which this may happen is when you get stopped by police on the road. Many people aren’t sure about the specifics of this situation. Can police search your car without your consent?Can a cop search your car without a warrant? And what counts as an illegal search of the vehicle? This guide will answer all of the common questions on the subject.
Vehicle Search and Seizure Laws in California
Searches and seizures of cars and other vehicles may take place in a variety of situations, and it’s important to know that the specifics can vary from location to location. The California search and seizure laws, for instance, may be different from those in a different state.
In general, the police do have the power to pull over cars when they have a reasonable cause for doing so and may request to search the vehicle, obtain a warrant to search the car if the owner refuses, or carry out a warrantless search, depending on the circumstances.
They’ll often do this when they have probable cause to search a car, like if they believe that a weapon or criminal evidence may be found in the car, or if they can clearly see illegal substances or weapons in plain view. So if you’re wondering “Can police search your car if they see something illegal through the windows?”then the answer is a definitive yes.
Fourth Amendment Rights
The Fourth Amendment to the Constitution is what gives car owners protection against unreasonable searches. This essentially exists to protect people against random or arbitrary vehicle searches and invasions of their private spaces without any reason or cause.
The main reason why the Fourth Amendment was introduced was to prevent people from having to worry about unreasonable or unjustified searches. It is designed to act as a form of protection for the public and is an integral part of nationwide automobile search rules.
Vehicles as Private Spaces
Originally, the Fourth Amendment only covered homesas ‘private spaces’, but the specifics of the amendment were adjusted to incorporate a person’s car or personal vehicle too. In theory, this can offer protection against an illegal search of vehicles, but history has shown that cars aren’t as well protected as homes.
Can Police Search Car Without Warrant?
So can police search your car without having a warrant? Well, yes, as it’s not always necessary for police to have a warrant to conduct and carry out vehicle searches.
Automobile search rules on this subject have been a little vague over the years, but in 2009, the Supreme Court made a ruling that helped to clarify the situation regarding legal vehicle searches and illegal search and seizure in vehicles.
Police can search a car without any kind of warrant in these situations:
If the driver has provided consent for a warrantless search
If the officers have probable cause to indicate that illegal activity or criminal evidence could be found in the vehicle
If the officer feels that their safety is in jeopardy from a concealed weapon or other threat
If you are being arrested and the search is a relevant part of the arrest process
What Happens If Police Damage My Automobile During the Search?
This is something of a gray area, and there have been different cases in which people have made claims and gone to court after their possessions or property were damaged in vehicle searches.
In general, if the police have probable cause to search a car, search it, find illegal substances, and do some damage in the process, the owner of the car usually doesn’t have much legal leeway to get any kind of reimbursement.
However, if nothing is found and no law has been broken, the owner of the car can file a claim and potentially take the matter to court with the help of a Los Angeles criminal defense lawyer.
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This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
