Question

  04/17/12, 2:02 pm
My son who is 16 and his friend who is 15 walked in to school late and were searched. They agreed to be searched and nothing was found on my son however his friend had a bottle of alcohol in his backpack. From there they asked to search my sons vehicle.... My sons response was "if I say no you can search anyway correct?" they replied yes. So my son gave consent... In the vehicle was a bong and marijuana residue.. From there they gave sobriety tests including a breathalyzer to my son... All of Which were passed... This whole process took about 3 hours of questioning with multiple officers administrators and security guard.... After all that took place I was finally notified to come in..... Do we have a case against it because of lack of parental notification or police lying to my son.... I don't Beleive they had a right to search his car because there was nothing found on him
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United States   |   California  |  Civil Rights Law
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Answer

Darrell York Says:

Apr 17,2012 9:00 PM

No you don't have case. The police do not have to notify you prior to obtaining consent to search his car, or to put him through field sobriety test. You son should have never given up his right to search his car. He might be able to try and suppress the search since it appears he may have given consent under duress but that is probably a long shot. NEVER NEVER GIVE CONSENT TO SEARCH OR GIVE UP YOUR RIGHT TO REMAIN SILENT. Visit my blogs at djylaw.com on consent searches and right to remain silent.


Darrell York
Law Offices of Darrell J. York
27240 Turnberry Lane, Suite 200,Valencia, CA 91355
866-908-2121
http://www.djylaw.com

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