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
Answered
  • 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

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