Norwich, NY asked in Criminal Law, Civil Rights and Constitutional Law for New York

Q: 4th Amendment violation.

My son is on probation. He was scheduled to appear for violating his probation. I let him borrow my vehicle to get there. He showed up at the correct place, date, and time. While there he was arrested and bail set for violating probation. The probation officer was not there and instructed the arresting officers to search my sons phone as well as MY vehicle. I believe this to be a violation of my 4th amendment as the vehicle is mine and there was no probable cause nor was there a search warrant issued. Also, being that he was in the court room when he was arrested i believe they have no jurisdiction to search anything further than his person and the personal belongings on his person such as his phone. After searching his phone and finding nothing they searched my vehicle without my consent or warrant and still found nothing. the probation officer instructed the arresting officers to search the vehicle a second time, again turning up nothing. What can I do and Who do i talk to?

1 Lawyer Answer
Gary Kollin
Gary Kollin
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: You can talk to the supervisors in both departments.

You can file suit through an attorney if you can find an attorney which I doubt you will find because of the lack of damages

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.