Date of Offense
Statement
The officer was bias towards me, he falsely arrested me for a dui while my friend was out walking to get a gas can and gas as I waited by the car waiting for him to return. The officer was impatient and decided to do a sobriety test for just being out near where the car broke down at. Which I strongly feel that was abuse of power. Also conducting an illegal search of the vehicle as well as of my person. A personal violation towards me when I was not on parole or probation, I was just waiting on the side of the road for a friend to get back who had been driving the vehicle when it broke down. Also I was looking out for another friend who was on her way to where we were at when the car broke down to help us out as well.
Under California law, it is illegal to charge a passenger with a DUI. Because the state must prove volitional movement (that you were driving while impaired), your situation presents multiple strong legal defenses against a DUI arrest, as well as valid constitutional grounds to challenge the search and seizure
Passenger Status: You cannot get a DUI for sitting in the passenger seat, standing outside a broken-down car, or waiting for a gas can. The prosecution must establish beyond a reasonable doubt that you actually drove the vehicle to that spot while impaired.
The Search of Your Person: Police are strictly bound by the Fourth Amendment. A law enforcement officer cannot search your person without probable cause, a warrant, or your consent, unless you are legally on probation/parole with a search clause.
The Search of Your Vehicle: Generally, police cannot search a vehicle without a warrant unless specific exceptions apply. A vehicle breaking down on the side of the road does not automatically give them the right to search the interior or trunk
