There must be 'probable cause' to detain you. Especially if you were not driving, you do not have to produce an I.D. When you are driving, the police must still have 'reasonable cause' to stop you (e.g., suspicion of driving under the influence). You did not say that you were driving. There was no crime in progress. There may be some issue regarding whether you matchedthe description of a perpetrator to a recent crime, but that invokes other issues, and the officer would have had to have believed that you might have been the perpetrator, based upon objective criteria, to establish probable cause. Regardless, you might have reasonably been subjected to a 'Terry Stop/Frisk', which is just a pat-down for weapons, but not to a thorough search and seizure. All of that said, do not expect the police to follow the law. Do not expect the District Attorney to follow the law. Do not expect the Court/Judge to follow the law. If any of those three do follow the law, consider yourself lucky. A suppression motion, pursuant to Penal Code section 1538.5, is the procedure for challenging the legality of a search. Regardless, you will still be subjected to the business-as-usual, conviction mill which characterizes the business of criminal justice in most counties and states these days. I will tell you "Good Luck", but you really will need it.

Answer Applies to: California
Replied: 12/15/2011

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That's why they call them PIGS. No, there was no PC but what can you do about it. Nothing.

Answer Applies to: California
Replied: 12/15/2011

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From the facts you state, I cannot see any probable cause for you to be searched. Normally, if you are arrested, then the police may search you incident to that arrest. Otherwise they may not unless there are such reasonable grounds or "cause" to give an officer sufficient reason to violate your right to be private in your person and papers. Get an experienced criminal defense attorney to help you plan a course of legal action.

Answer Applies to: California
Replied: 12/15/2011

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Whether or not the officers had probable cause to search you will be a factual determination. Your counsel should consider and discuss with you a motion to suppress evidence.

Answer Applies to: California
Replied: 12/14/2011

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If the police were looking for suspects that match your description then they have the right to stop and question you. After stopping you if they have reasonable suspicion to think you may have a weapon on you and may be a danger to then or the public they have the right to a pat down search. This patdown search is only for weapons and should not go further. Not knowing anything else of the facts I cannot say if the search turning up your wallet was legal. If you contact myself or another attorney with all the facts you can know for sure.

Answer Applies to: California
Replied: 12/14/2011

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Your attorney will have to review the police report and determine if they is enough to go forward with a 1538.5 issue. There is not enough for be to base an opinion on this.

Answer Applies to: California
Replied: 12/14/2011

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It is difficult to say whether or not there was probable cause. It depends on a more complete review of the facts. But, the important question is: What resulted from the search? Were you arrested or charged with a crime? If not, perhaps the best advice is to 'Let it go.'

Answer Applies to: California
Replied: 12/14/2011

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Police don't need probable cause to check your ID/wallet.

Answer Applies to: California
Replied: 12/14/2011

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If you weren't causing a disturbance when the cops arrived, I doubt it.

Answer Applies to: California
Replied: 12/14/2011

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In my opinion, there was not sufficient probable cause for you to be searched. However, if you consented to the search, a warrant is not required and the search is lawful.

Answer Applies to: California
Replied: 12/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.