Passenger rights

[jadasgma]

What is the name of your state? CA
A friend of mine was a passenger in a car in which the driver of the car was a parolee.
A police officer pulled them over for a faulty tail light. The officer asked my friend (the passenger) if she had any identification with her and she took her ID out of her purse and handed it to him. He asked her if she had any warrants, was she on probation, was she under search and seizure by the courts, she replied no to all his questions. He then asked her if she would consent to him searching her and her purse which she told him he could
not search her or her purse. He then took her purse out of her hands and told her he was searching it anyway because she was with a parolee.

My question is:
Did he have the right to search her and the contents of her purse after she told him no?

 

[CdwJava]

Wasn't this already addressed, here?

https://forum.freeadvice.com/showthread.php?p=1455201#post1455201

My question is:
Did he have the right to search her and the contents of her purse after she told him no?

Maybe. Maybe not. If you were not there, then you do not know all the circumstances. If the purse had been on the ground in a common area where the parolee could reach it, an argument could be made that he had access and it was subject to search. The officer might also have had good cause to check it for weapons - and if the drugs were readily visible when he conducted a visible check of the purse for weapons, then this would likely be justifiable.

Whether the evidence can be suppressed will depend on the specific circumstances and not a generalization. The officer will have to articulate good cause for the search in the report and on the stand.

She should discuss the issue with her attorney. Her attorney can review the report and see what can be done.

- Carl