12500 VC-M need some advice

[justin2003]

What is the name of your state? CA

I need your guys' advice on this one. This matter came before me last week.

A defendant appeared for 12500 VC-M. I read the officer's supplemental report since I suspected lack of PC.

I continued the matter for DA to investigate.

The PC, as stated by the officer, is that the suspect/defendant was pulled over by him on a prior occasion for driving without a license. (D has no priors) I spoke with the officer who reiterated the report over the phone.

This occured in a migrant worker town, so to speak. I simply believe this was racial profiling.

I think the officer just "got lucky."

I want to dump this in the interest of justice.

My boss (lead DA) wants to go forward with it. What would you guys do?

 

[TYRIS]

What is the name of your state? CA

I need your guys' advice on this one. This matter came before me last week.

A defendant appeared for 12500 VC-M. I read the officer's supplemental report since I suspected lack of PC.

I continued the matter for DA to investigate.

The PC, as stated by the officer, is that the suspect/defendant was pulled over by him on a prior occasion for driving without a license. (D has no priors) I spoke with the officer who reiterated the report over the phone.

This occured in a migrant worker town, so to speak. I simply believe this was racial profiling.

I think the officer just "got lucky."

I want to dump this in the interest of justice.

My boss (lead DA) wants to go forward with it. What would you guys do?

- if the boss wants it prosecuted, then thats what you do. Besides, its only a driving without a license charge.

If the Officer had prior knowledge that the subject was driving without a license, regardless if a cite was not issued, then the stop was legal.

Also, on what basis do you believe that it was racial profiling?

Tyris

 

[justin2003]

Cop told me so.

I don't want to lose my job but I guess my boss is the boss.

 

[I AM ALWAYS LIABLE]

Cop told me so.

I don't want to lose my job but I guess my boss is the boss.

My response:

Good luck. That's what you're going to need to win the PC 1538.5 Motion to Suppress hearing. But, I predict that you'll lose that hearing, and you'll be staring blankly at the defendant in the witness chair.

Simply, there were no exigent circumstances leading to the stop.

IAAL

 

[justin2003]

Thanks Tyris and IAAL...