Strip Search—If You Go To Jail You Can Be Strip Searched

Law Offices of EJ Stopyro
Criminal Defense Attorney in Orange County
Orange County DUILawyer

If you are arrested for domestic violence, DUI, drug possession, assault and battery or theft in Orange County, the Supreme Court says you can be strip searched before being admitted to the Orange County’s general jail population. In the case of Florence v. Board of Chosen Freeholders (April 2012), the court mistakenly issued an arrest warrant for unpaid fines. Petitioner was arrested and booked into county jail. He was strip searched at least twice over the period of a few days.

The United States Supreme Court held that the Petitioner was lawfully arrested (even though it turned out later to be a mistake) and could be booked into jail just like people who are arrested for domestic violence, drug offenses, theft crimes, driving under the influence or other crimes. Since the jail must maintain security and make sure that no contraband comes into the jail, EVERYONE who is booked into general jail custody is subject to strip search. If you’ve been arrested in Orange County call the Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential consultation with an experienced Orange County criminal and DUI defense attorney.

Criminal Defense Lawyers in Orange County

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DUI ALERT!: The Cops CAN Wait For You Outside The Bar

Law Offices of EJ Stopyro

Orange County DUI Attorney
DUI Lawyers in Orange County

It has become an all-too-frequent practice in Orange County for law enforcement to “stake out” a particular bar or restaurant when looking to arrest a drunk driver. Typically, the officer waits for someone to leave the bar or restaurant, follows them, finds a reason to stop them, and then conducts a DUI investigation complete with field sobriety tests and a “voluntary” breath test.

Many clients of the Law Offices of EJ Stopyro report that they were pulled over as soon as they left the bar or restaurant. While staking out a bar seems to be inherently unfair, the United States Supreme Court has ruled that it is perfectly legal. In Whren v. U.S. (1996) 517 U.S. 806 the Supreme Court said that as long as the cop can find some legal reason to pull you over—such as a burned out license plat lamp, a broken taillight, or failure to come to a complete stop, then it is legal for the cop to stop you, even though he is really looking for a drunk driver. However, the reason for stopping you MUST be a legitimate law violation to constitute probable cause.

If you’ve been arrested for DUI you’ll need to speak to a DUI lawyer in Orange County about the facts of your case. An Orange County DUI attorney can determine the legality of the stop and help you explore your options and possible defenses. Call the Law Offices of EJ Stopyro today at (949) 559-5500 for a free and confidential consultation with an experienced Orange County DUI attorney.

 Law Offices of EJ Stoyro

Orange County DUI Lawyers

Silence Is Golden—And It Can’t Be Used Against You

Law Offices of EJ Stopyro
www.EJEsquire.com
Criminal Defense Lawyer and DUI Attorney in Orange County

If you ever find yourself in the unfortunate position of being arrested, it’s almost always best to exercise your 5^th Amendment right to remain silent. This invariably is easier said than done. It seems to be an irresistible impulse to try to talk our way out of being arrested. But that impulse leads to the most common mistake made by arrestees—talking your way INTO a conviction. At the Law Offices of EJ Stopyro we see that mistake made all the time. Everything you say to the police can and will be used against you. But your post-arrest SILENCE cannot be used against you; so held the First District Court of Appeals in People v. Tom.

Tom was involved in a high speed car accident and the other driver was badly injured. After the accident, a police officer told Tom to sit in the back of the police car. The officer told Tom he wasn’t free to leave. The officer questioned Tom in the car and at the police station. Much later that night Tom was formally arrested.

At Tom’s trial, the police officer testified that Tom never asked how the victim was doing. The Court of Appeal held that Tom’s silence about any issue cannot be used against him once he has been arrested or is not free to leave (which constitutes an arrest). The Law Offices of EJ Stopyro reminds you that silence IS golden. Call us today at (949) 559-5500 for a free and confidential consultation with an experienced Orange County criminal defense attorney or DUI lawyer in Orange County.

Law Offices of EJ Stoyro

Orange County DUILawyers
Criminal Defense Attorneys in Orange County

Illegal Car Search—An Arrest Doesn’t Justify A Search

Law Offices of EJ Stopyro

www.EJEsquire.com
Orange County DUIand Criminal Defense Attorney

If the police searched your vehicle and found evidence against you the search may be illegal. You should talk to an Orange County criminal defense lawyer because if the search was illegal, the evidence cannot be used against you.

For many years the rule has been that if the police arrest you in or near your car then they can search your car without a warrant—called the Belton rule. That rule has been overturned by the United States Supreme Court and the police no longer have an automatic right to search your car just because they arrested you in or around the car.

The Belton rule sprang from the 1981 United States Supreme Court case New York v. Belton. The Court in Belton reasoned that the police should be allowed to look for weapons that the arrestee might use as well as for evidence that the arrested person may have stashed in the car. This rule was expanded over the years to allow police to search the trunk as well as the passenger compartment. The reasoning for this rule was flawed on its face—if someone is handcuffed how can a weapon within the interior of the arrestee’s car possibly pose a threat to the arresting officer?

In the recent Supreme Court case of Arizona v. Gant the Court acknowledged this patent flaw and overturned the Belton rule and held that the police can “search a vehicle incident to a recent occupant’s arrest only when the arrestee is unsecured and within reaching distance of the passenger compartment at the time of the search” or “its reasonable to believe the vehicle contains evidence of the offense of arrest.” This means that the police must be in actual danger of a possible assault before the arrestee is handcuffed or the police must have PROBABLE CAUSE to believe that specific evidence may be hidden.

This constitutes a major change in search and seizure law. If you are facing charges call the Law Offices of EJ Stopyro today at (949) 559-5500. Talk to an experienced Orange Countycriminal defense lawyer about your case—the consultation is free and confidential.

Law Offices of EJ Stopyro

Orange County CriminalDefense Attorney

Orange County DUILawyer