San Francisco, CA asked in Criminal Law for California

Q: I have search and seizure can officer just come up to me and search me at any time without probable cause

I was sitting in my vehicle talking on my phone and a Sheriff officer came up to me proceeded to tell me that I had search and seizure and to step out of my vehicle I've never met the Sheriff before and he's never id'd me so how would he know that I had search and seizure and is that legal

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2 Lawyer Answers
Alison Lee Bermant
Alison Lee Bermant
Answered
  • Criminal Law Lawyer
  • Truckee, CA
  • Licensed in California

A: Valid search terms allow an officer to search an individual any time, any where, with or without cause. If the officer ran your license plate and you matched the description of the registered owner that could be valid. Whether or not that happened would be an issue to look further into.

John Karas agrees with this answer

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: are you saying you were on probation or parole with the Right for an Officer to Search and Seize at any time?

if so cop may have run your plates and seen that.

otherwise, with the little I know, it could be an illegal S&S. If you have a court date, ask for a PD who will spot the issue right away... or make an appointment for a free consultation with a criminal attorney in your area.

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