People v. Lopez Case in California. The police derive many cases from searching people's cars, and one big trick they use is to pull you over.  They'll order you out of the vehicle for the officer's safety, and then they'll claim they need to return to the car to search for your driver's license, insurance information, and car registration.  That gives them a free search of the vehicle under all circumstances.

A landmark case law, People v. Lopez, was issued by the Ninth Circuit in California. This significant ruling states that the police can no longer use the argument of needing to return to the vehicle for the registration, license, or insurance to enter someone's vehicle. This is a crucial development that you, as a citizen, should be aware of.

In other words, this is not an exception to the warrant requirement of the Constitution.  Our Fourth Amendment Constitution, a cornerstone of our legal system, protects us against unreasonable searches and seizures by the police.  This protection ensures that your rights are safeguarded, and any search must adhere to strict guidelines, unless there is a valid exception to the warrant requirement.

So, this Lopez case is excellent now.  I'm using it right now on a case in Van Nuys, a city in the Los Angeles area, where they've gone in to obtain the person's registration after the person came out of the car because the police ordered them out of the car, and, of course, they're claiming it's for officer safety reasons.

They're not going to let the person go back there to get the car registration.  However, this case will likely be overturned due to the recent Lopez case that has been decided. This promising development gives hope that justice will prevail, and our Los Angeles criminal defense lawyers will provide a further review below.

Motion to Suppress Evidence – Penal Code 1538.5

So, if you've a situation where your car was searched illegally and you didn't give consent, then pick up the phone and call me.  Let's discuss this and determine if a motion to suppress the evidence under California Penal Code 1538.5 PC is warranted due to the unlawful search. A motion to suppress is a legal request to exclude certain evidence from a trial, and it can be a powerful tool in defending against unlawful searches.

Now, poison to this motion and poison to the defense is if you consent to the search.  In other words, if you agree to the investigation, you tell the police to go ahead and search, and sign a search consent form, then you will allow the police to search your vehicle.

You may not want them to search your vehicle, but if you say, "Sure, go ahead and search my vehicle," they'll be permitted to do so. Beyond that, they'll need some specific exceptions to be able to get in that car.

Fighting Illegal Search and Seizure Cases

So, if you've been pulled over for a traffic offense and the police use that offense as a pretext to search your vehicle, pick up the phone. Make the call.

Let's talk about your case, and let's talk about whether or not it was an illegal search and whatever they found — be it drugs, weapons, or anything — whether or not they can use that evidence against you, or should it be suppressed under a violation of Penal Code Section 1535.

This statute addresses an illegal search, which will result in all evidence obtained from that search being declared the 'fruit of the poisonous tree' and, therefore, suppressed. This legal doctrine means that if the initial search was illegal, any evidence obtained as a result of that search is also considered tainted and cannot be used against you. If you need assistance, pick up the phone.  Make the call.  Take the first step towards dealing with your criminal case. Hedding Law Firm is based in LA County and offers a free case review by phone at (213) 542-0940, or you can fill out our contact form.