Orange, CA asked in DUI / DWI and Car Accidents for California

Q: My husband is on parole this is Parole officer have every right to search me even though I'm not

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, a parole officer's authority to conduct searches is primarily focused on the parolee, in this case, your husband. The parole officer has the right to search your husband and his property, including areas of a shared residence where your husband has access or control.

However, this authority does not automatically extend to you as a non-parolee. The parole officer does not have the same broad rights to search you personally or your exclusive personal property without consent, a warrant, or specific circumstances that justify such a search.

If you feel your rights are being infringed upon or the searches are unreasonable, it might be advisable to discuss this matter with a legal professional. They can provide guidance on how to address this situation while respecting the conditions of your husband's parole.

T. Augustus Claus
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Answered
  • DUI & DWI Lawyer
  • Las Vegas, NV

A: The parole officer cannot search you in a way that is unreasonable or excessive. For example, they cannot strip-search you or search your private areas. They also cannot search you without your consent unless they reasonably suspect you are hiding something illegal.

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