Parolee and passenger rights

[jadasgma]

What is the name of your state? CA
Does an officer have the legal right to search the occupants of a vehicle driven by a parolee
if the individual being searched is not on probation, does not have any warrants, or is not
on search and seizure by the courts, and has their CA ID and or license, and has not given the officer permission to search them or their belongings?What is the name of your state?

 

[racer72]

What is the name of your state? CA
a parolee
if the individual being searched is not on probation,

That is an oxymoron, if someone is out of jail on parole, that person is also on probation. Try rephrasing your question.

Parole officer=probation officer=basically the same thing.

 

[Race_Car]

That is an oxymoron, if someone is out of jail on parole, that person is also on probation. Try rephrasing your question.

Parole officer=probation officer=basically the same thing.

If you are over the age of 17 and have been convicted of an offense, your sentence may include probation. Probation allows you to live in the community as long as you follow certain rules set by the court. If any of the rules are violated, a warrant for your arrest may be issued and the judge may re-sentence you for the original offense. As an example of a probationary sentence the judge may decide that so long as you are not arrested again, and regularly meet with your probation officer, you may not have to serve a more severe jail or prison sentence.

Parole is a conditional release from prison. You may be released from prison before the original term has been completed, and serve the remainder of your term in the community. The court will set conditions which you must follow, or you may be returned to prison.

 

[gawm]

I think what the OP means is do the police have the right to search two people in a car when only one is on probation. Is that what you are asking?

 

[CdwJava]

What is the name of your state? CA
Does an officer have the legal right to search the occupants of a vehicle driven by a parolee
if the individual being searched is not on probation, does not have any warrants, or is not
on search and seizure by the courts, and has their CA ID and or license, and has not given the officer permission to search them or their belongings?What is the name of your state?

The occupants of the car could be searched for weapons given a very minimal articulation of cause by the officer ... and riding in a car with a parolee is generally going to be enough.

Diving into the pockets and pulling stuff out would require greater articulable suspicion or consent. The officer can ask the person if they will consent to a search, but if they start searching pockets without sufficient cause or consent, any evidence found could be suppressed.

If the passengers had backpacks and bags in the car, they might just be out of luck. The police can generally search those things found IN the car of a person on parole or probation.

What exactly happened?

(NOTE: For Racer72, there are some differences in the search conditions for parolees and probationers here ... oddly enough, a person on parole in CA has slightly more rights when it comes to search than a person on probation.)

- Carl

 

[StickyFingers]

What is the name of your state? CA
Does an officer have the legal right to search the occupants of a vehicle driven by a parolee
if the individual being searched is not on probation, does not have any warrants, or is not
on search and seizure by the courts, and has their CA ID and or license, and has not given the officer permission to search them or their belongings?What is the name of your state?

I am sorry..but you are an idiot to even ask the question. Does common sense escape all teen/young 20s now?

It amazes me they know so much about the infraction/citation....but don't know sh!t about the consequences!

Must be great to be young and dumb...Can y'all send me back?

 

[CdwJava]

It's all that law school teachin' from TV.

- Carl

 

[noisefrazzle]

It's all that law school teachin' from TV.

- Carl

LOL, Carl. You must run into that alot in your line of work, people who think they are legal whizzes from watching THE PRACTICE and LAW AND ORDER.

As for me, I'm always horrified at the horrendous spelling/grammar in the "young people" posts. Life is just one big text message I guess, no need to appear literate.

NF