Q: Is it an unlawful search and seizure when an officer say I'm on probation and I'm not.he pulls me out the car
he sees the contraband i was sitting on after he pulled me out the car stating I was on probation after I told him I wasnt
A:
If the only basis for the search was that you were subject to a search condition, when in fact you were not, then arguably it's an unlawful search. On the other hand, for example, if you were lawfully stopped, the search could be considered as a lawful search incident to arrest. There are not enough facts here to determine one way or the other.
Law Office of Joseph Abrams, Anaheim, CA
A:
more info is needed.
a lawyer would have to read the police report...and I bet the police write it in a way that shows it was legal........for instance if they saw contraband first and then searched.
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