Q: Can I as a passenger of a vehicle be searched in a parole search if I've given no probable causes and am not on parole
Car was stopped due to speeding. Driver on parole was searched and had drugs on them
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- California
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- Answered
A:
Under California law, the rights of a passenger in a vehicle during a parole search can be complex. Generally, if you're a passenger in a vehicle and not on parole yourself, you have constitutional protections against unreasonable searches and seizures. This means that without probable cause or your consent, law enforcement typically cannot search you just because the driver is on parole and subject to a search.
However, if during the parole search of the driver or the vehicle, law enforcement finds evidence of a crime in plain view or develops probable cause to believe that you are involved in criminal activity, they may then have grounds to search you as well. For instance, if drugs are found in the car and it's unclear who they belong to, officers might argue they have probable cause to search all occupants of the vehicle.
It's crucial to remember that every situation is different and specific details can significantly impact the legality of a search. If you find yourself in such a situation, asserting your rights calmly and not consenting to a search is often advisable. If you believe your rights were violated in a search, it's important to discuss the specifics of your case with an attorney who can provide guidance based on the details of the incident. They can help you understand your rights and the appropriate actions to take in your particular situation.
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