Asked in Criminal Law, Federal Crimes and Probate for California

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.

1 Lawyer Answer
Wais Azami
Wais Azami
  • Criminal Law Lawyer
  • Garden Grove, CA
  • Licensed in California

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 ;-)

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