Q: Can I be seached because my girlfriend is on probation in the state of California?
My girlfriend is on probation in California and her probation officer has searched her house where I'm staying too. The frist time I was ask if they could search my body but the next time they did not ask and searched me. I did have something I did not know was illegal in Ca on me. I was told later by officers that I was subject to search whenever I with my girlfriend. This happed days after I filed a report against the police department witch has no IA about how the department was and still is knowly allowing child abuse.
A: The general rule is that if you are not on probation or parol, an officer will need a search warrant or your consent or an exigent circumstance must exist for the search. The rule of thumb for you or anyone being searched is to never consent. This way, if the cops did violate your rights, you didn't give them a free pass by simply consenting. If anything is found during an illegal search where you did not consent, an attorney will be able to at least have a fighting chance. Treat searches like drugs, simply say no ;-)
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.