My son lost his wallet while skiing and reported the loss to the ski operator. Two days later, he received a call from the ski operator that the wallet was found and could be picked up at the local Sheriff's office. Upon collecting the wallet, my son was given a citation for having a fake drivers license (California) depicting him as being 21 instead of 18. This particular piece of fake ID was buried in a section of the wallet that would be hard to reach and his real driver's license was prominently displayed in a clear plastic pouch. So, the question is: since the owner of the wallet could be easily assessed, why was the wallet torn apart and all its contents examined? Ignoring for a moment the fact that there was a fake ID in the wallet, is this search not illegal?
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
Arrest, Search, Seizure, Warrant Lost wallet = misdemeanor!!
- Thread Starter Chadsdad
- Start date
- Status
I'm not a lawyer, or anyone important, but I highly doubt there is an expectation of privacy to be had for a stolen wallet, and likely the police had to itemize the contents of the wallet when they received it, so that when they gave it to him they could confirm all contents that were in it when it arrived were in it when it left (minus the illegal contents, heh.)
But I think the real problem is expectation of privacy. There simply is none when you lose your wallet. At least not after the first time, anyway!
But I think the real problem is expectation of privacy. There simply is none when you lose your wallet. At least not after the first time, anyway!
Well, awesome to hear I was right, I hardly /ever/ hear that any more. No fun for your son though.
Though how they can hold someone responsible for the contents of a lost wallet is something else. I suppose in all likelyhood the chance of whoever picking up the wallet going out of their way to make a fake id to put in the wallet before turning in would be low, but there /is/ that possability depending on how long the wallet was gone.
I couldn't say I'd try to argue that though, unless it was what happened. I'd be curious to look at the law the got him under, as wouldn't they usually have to prove prosession? If his wallet was lost for several days, it /hasn't/ been in his control, and /could/ have had 'items' added to it, just as easily as I'm sure the cash that was in it when lost was removed.
Just an interesting thought.
Thanks for the follow up though.
Though how they can hold someone responsible for the contents of a lost wallet is something else. I suppose in all likelyhood the chance of whoever picking up the wallet going out of their way to make a fake id to put in the wallet before turning in would be low, but there /is/ that possability depending on how long the wallet was gone.
I couldn't say I'd try to argue that though, unless it was what happened. I'd be curious to look at the law the got him under, as wouldn't they usually have to prove prosession? If his wallet was lost for several days, it /hasn't/ been in his control, and /could/ have had 'items' added to it, just as easily as I'm sure the cash that was in it when lost was removed.
Just an interesting thought.
Thanks for the follow up though.
- Status
Share this page
