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

Orange County DUIAttorneys

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

DUI Traffic Stop—You Don’t Always Have To Use Your Turn Signal

Law Offices of EJ Stopyro

Orange County DUI Attorney

“DUI Saturation Patrols” refers to an increased number of police units on the road specifically looking to make DUI arrests. But before the police can pull you over and check you for DUI, they must see you break the law (probable cause). A favorite reason for a saturation patrol to stop you is for failure to use your turn signal. If the police see this, they may pull you over to see if you have been drinking. If you have been, they will perform a DUI investigation—complete with Field Sobriety Tests and a “voluntary” breath-test. This, in turn, can lead to your arrest for on Orange County DUI.

At the Law Offices of EJ Stopyro we have seen this happen many times—people arrested for DUI because of a turn signal violation. California Vehicle Code Section 22107 makes it illegal to turn without giving an appropriate signal. But it’s only if another driver could be affected by your movement.

In the case of People v. Carmona, the driver was driving down a road. A La Habra police officer was driving toward the driver from the opposite direction. When the two cars were about 55 feet apart the driver made a right turn without using his turn signal. The police officer stopped the driver for failing to use his turn signal and eventually arrested him. Although it looked like a slam-dunk case against the driver, his attorney filed a suppression motion. The California Court of Appeal held that because the driver’s failure to use his signal didn’t affect any other driver, the stop was illegal. Since the stop was illegal, the whole case was thrown out.

If you have been arrested for a DUI call the Law Offices ofEJ Stopyro today at (949) 559-5500 for a free telephonic consultation with an experienced Orange County DUI lawyer. Or visit us at www.EJEsquire.com. Even if the case against you looks rock solid, DON’T PLEAD GUILTY without talking to an Orange County DUI lawyer first. What you don’t know can hurt you. 

Law Offices of EJ Stopyro

Orange County DUI Attorney
DUI Lawyer in Orange County

Avoid a DUI—Fix Your Lights

Orange County DUI Attorney Tips
Law Offices of EJ Stopyro
(949) 559-5500

 Any DUI lawyer in Orange County will tell you that when the cops are on patrol and looking to arrest drunk drivers they must have probable cause to believe that you have broken the law before they can stop you. They cannot just pull you over on a hunch—they must first observe a law violation. Once they see a vehicle code violation, they can lawfully pull you over.

A very commonly used reason for law enforcement to stop you to check to see if you are driving under the influence of alcohol (DUI) is that one of the lights on the car they stopped wasn’t working properly. California Vehicle Code Section 24252(a) states: “All lighting equipment of a required type installed on a vehicle shall at all times be maintained in good working order…”.

 This means that if any of the lights on your car, including brake lights, license plate lamps, turn signals, tail lights, parking lights and headlights aren’t “in good working order”, then the police have legal justification to pull you over and possibly conduct a DUI investigation. If you have been drinking alcohol and you get pulled over, you can count on being the subject of a DUI investigation and possibly being arrested for DUI. If you are, don’t answer any questions without calling the Law Offices of EJ Stopyro first.

So what does it mean, exactly, to keep your lights in “good working order”? Well, there are at least two cases that deal with this law. One 9^th Circuit case held that a two-inch crack in your taillight cover constitutes a violation and constitutes probable cause to stop you. A 4^th District, California Court of Appeal case held that if you voluntarily add a supplemental stop light (a third stop lamp mounted in the rear of your car which is not required), then you must also maintain that lamp in good working order. If you don’t, then the cops can stop you and check for a DUI.

 So it’s important to keep ALL your lights in good working order. If you don’t give the police a reason to stop you then you wont have to call an Orange County DUI lawyer to defend you against DUI charges. If you have been arrested for a DUI then call the Law Offices of EJ Stopyro today for a free telephonic consultation.

Law Offices of EJ Stopyro

Orange County DUI Lawyer

Avoid a DUI—Fix Your Lights

Orange County DUI Attorney Tips

Law Offices of EJ Stopyro

(949) 559-5500

Any DUI lawyer in Orange County will tell you that when the cops are on patrol and looking to arrest drunk drivers they must have probable cause to believe that you have broken the law before they can stop you. They cannot just pull you over on a hunch—they must first observe a law violation. Once they see a vehicle code violation, they can lawfully pull you over.

A very commonly used reason for law enforcement to stop you to check to see if you are driving under the influence of alcohol (DUI) is that one of the lights on the car they stopped wasn’t working properly. California Vehicle Code Section 24252(a) states: “All lighting equipment of a required type installed on a vehicle shall at all times be maintained in good working order…”.

This means that if any of the lights on your car, including brake lights, license plate lamps, turn signals, tail lights, parking lights and headlights aren’t “in good working order”, then the police have legal justification to pull you over and possibly conduct a DUI investigation. If you have been drinking alcohol and you get pulled over, you can count on being the subject of a DUI investigation and possibly being arrested for DUI. If you are, don’t answer any questions without calling the Law Offices of EJ Stopyro first.

So what does it mean, exactly, to keep your lights in “good working order”? Well, there are at least two cases that deal with this law. One 9^th Circuit case held that a two-inch crack in your taillight cover constitutes a violation and constitutes probable cause to stop you. A 4^th District, California Court of Appeal case held that if you voluntarily add a supplemental stop light (a third stop lamp mounted in the rear of your car which is not required), then you must also maintain that lamp in good working order. If you don’t, then the cops can stop you.

So it’s important to keep ALL your lights in good working order. If you don’t give the police a reason to stop you then you wont have to call an Orange County DUI lawyer to defend you against DUI charges. If you have been arrested for a DUI then call the Law Offices of EJ Stopyro today for a free telephonic consultation.

Law Offices of EJ Stopyro

Orange County DUILawyer