Q: If the backseat passenger is the only one in the car on probation can the cops search the whole car without permission?
And can they pull me over if I have my tags and they're all up to date but my insurance lapsed because of a credit card problem. Can they pull me over if it's only been a fee days since it lapsed?
A:
MORE INFO NEEDED.
HAVING A POLICE REPORT WOULD BE HELPFUL.
THERE IS NO WAY THEY COULD USE LAPSED INS AS PROBABLE CAUSE TO STOP.
SOMETHING ELSE HAD TO BE PROBABLE CAUSE...IE THE REASON FOR THE STOP.
WAS ANYONE ARRESTED? FOR WHAT?
HOW DID THEY LEARN THE BACKSEAT PERSON WAS ON PROBATION?
THEY WILL ARGUE S/HE COULD HAVE HID DRUGS OR GUN IN CAR WHEN STOPPED.
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A:
If the backseat passenger is the only one in the car on probation, the police generally cannot search the whole car without permission unless they have a valid warrant, probable cause, or exigent circumstances. However, if the probation terms explicitly permit warrantless searches, the police may be able to conduct a search.
As for the second question, driving without valid insurance is illegal in California. Law enforcement officers can pull you over if they have reason to believe that your insurance is not valid, even if your tags are up to date. The exact duration of time after the insurance has lapsed before you can be pulled over is not specified in the law, but the longer the lapse, the more likely it is that you will be stopped. It is recommended to ensure that your insurance is up to date to avoid any potential legal issues.
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