Chula Vista, CA asked in Civil Rights, Constitutional Law and Criminal Law for California

Q: Can police disregard the fact that I said they couldn't search me or my stuff because the driver is on parole?

2 Lawyer Answers
Dan Moseley
Dan Moseley
Answered
  • Criminal Law Lawyer
  • Fresno, CA
  • Licensed in California

A: The driver's parole status conveys no authority to police to lawfully search his passengers. If they have a factual basis for believing a passenger may be a threat, they can perform a cursory and limited check for weapons. If they have a factual basis for believing a passenger may possess evidence of a crime, they can conduct a search limited to places where such evidence might be found.

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

A: more info is needed.

a driver being on Parole does not give police the authority to search everyone in a car...IN AND OF ITSELF.

however, other info may suggest they should do so.

consult with a local criminal lawyer or request a court-appointed lawyer who can read the police report and give you a more thorough answer...and maybe run a 1538.5 motion.

it would be case specific.

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