Salt Lake City, UT asked in Criminal Law for Utah

Q: Does this case cover a person who is on probation or parole?

My fiance was arrested with no new charges for absconding. Is there valid reason to search the vehicle? He was in my vehicle, and the vehicle was searched and then impounded, is the search a violation of rights?

Related Topics:
1 Lawyer Answer
Lance E. Bastian
Lance E. Bastian
  • Criminal Law Lawyer
  • Salt Lake City, UT
  • Licensed in Utah

A: The short answer is: maybe. It depends on a several factors. First, when you say absconding, is that from probation or for failure to attend something pre-trial? If it's the former, it will depend in part on the language of his probation agreement. Second, if your fiance was the driver of the car and you were not with him, there is a greater likelihood it would fall under his probation agreement. If he was a passenger in the vehicle, officers probably would not have an automatic right to search. However, third, law enforcement only needs probable cause to search a vehicle, so if they see or smell something while they're interacting with someone during a valid traffic stop, they can often search the car. And depending on what they find, they may be able to impound the car. So, the longer answer is: more information is necessary to say one way or the other.

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.