Q: Does this case cover a person who is on probation or parole?
My fiance was arrested with no new charges for absconding. Is there valid reason to search the vehicle? He was in my vehicle, and the vehicle was searched and then impounded, is the search a violation of rights?
A: The short answer is: maybe. It depends on a several factors. First, when you say absconding, is that from probation or for failure to attend something pre-trial? If it's the former, it will depend in part on the language of his probation agreement. Second, if your fiance was the driver of the car and you were not with him, there is a greater likelihood it would fall under his probation agreement. If he was a passenger in the vehicle, officers probably would not have an automatic right to search. However, third, law enforcement only needs probable cause to search a vehicle, so if they see or smell something while they're interacting with someone during a valid traffic stop, they can often search the car. And depending on what they find, they may be able to impound the car. So, the longer answer is: more information is necessary to say one way or the other.
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