Arrest, Search, Seizure, Warrant Search of Bicyclist Challengable or Not?

[winki]

Hello- I am in California.

My 18yr. old son was pulled over after dark on his bicycle and searched whereupon a small amount of marijuana was found. He was cited and after the whole thing was over he asked the officer why he had been pulled over. The officer told him that he had not had a light on his bike. At that point they both observed that he did have a light on his bike and it had, in fact been on the entire time.

My questions are as follows:
1. Is it plausible that this might be viewed as an illegal search provided the officer is honest about the iollfounded reason?

2. Will my son incur extra penalties for trying to fight this citation as opposed to simply pleading no contest or guilty?

3. Is the license suspension only for those who are driving or only for those who contest the case?

4. what is the typical sentence or alternative sentence for a 1st time offender w/ less than an ounce?

5.Would it be helpful for him to go to court with proof of having attended 10 NA meetings and requesting diversion of some sort?

My son has no criminal record btw.

I guess that is all for now, thank you for any and all input on this matter.

 

[Michael Wechsler]

Hello- I am in California.
My 18yr. old son was pulled over after dark on his bicycle and searched whereupon a small amount of marijuana was found. He was cited and after the whole thing was over he asked the officer why he had been pulled over. The officer told him that he had not had a light on his bike. At that point they both observed that he did have a light on his bike and it had, in fact been on the entire time.

My questions are as follows:
1. Is it plausible that this might be viewed as an illegal search provided the officer is honest about the iollfounded reason?

I'm not a criminal lawyer by trade but here's my take. Probable cause is required for a search. It would be helpful if you could prove that your son had a light mounted on his bike before the incident, e.g. a receipt, pictures, etc. I'm trying to understand how the officer could claim that he pulled over your son for riding his bike without a light if it was mounted on the bike and on. If your son is being 100% truthful (and, as you know, they aren't always 100% truthful and you find out later), then this search would seem to be without any probable cause. Even so, why would the officer need to search your son for not having a light mounted on his bike?

Next - was your son actually sited for not having a light on his bike? If not, then why was he detained? If he was cited, why are we in court if both agreed he had a light mounted and turned on? It takes time to write up the summons.

I would bring up the fact that your son has no prior arrests and his good, clean record. I would probably also consider hiring a criminal defense attorney for the hearing too, especially if you can. Best of luck to you and your son. Let us know how things turn out.

 

[seniorjudge]

1. Is it plausible that this might be viewed as an illegal search provided the officer is honest about the iollfounded reason?

A: Yes; it sounds like a pretextual stop and search to me.



2. Will my son incur extra penalties for trying to fight this citation as opposed to simply pleading no contest or guilty?

A: Yes.




3. Is the license suspension only for those who are driving or only for those who contest the case?

A: I don't know; what statute number was he charged under?



4. what is the typical sentence or alternative sentence for a 1st time offender w/ less than an ounce?

A: There is nothing "typical" in the law.



5.Would it be helpful for him to go to court with proof of having attended 10 NA meetings and requesting diversion of some sort?

A: Absolutely; have him go to court with his sponsor.





Tell your son that marijuana makes you stupid....