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unlawful search???

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terbear8

Junior Member
What is the name of your state (only U.S. law)? Wisconsin
My son's father is on probation and is a convicted felon. The other day he was pulled over in a traffic stop. When the officer came up to the window the officer drew his gun and told him to get out of the car. The officer then proceeded to search him and found a gun in his possession. The officer never asked for his drivers license (which he had) or anything. He just pointed his gun at him. Is this a lawful search and seizure?
 
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cyjeff

Senior Member
terbear8 said:
What is the name of your state (only U.S. law)? Wisconsin
My son's father is on probation and is a convicted felon. The other day he was pulled over in a traffic stop. When the officer came up to the window the officer drew his gun and told him to get out of the car. The officer then proceeded to search him and found a gun in his possession. The officer never asked for his drivers license (which he had) or anything. He just pointed his gun at him. Is this a lawful search and seizure?
Click to expand...
Two questions...

One, does his probation allow a search at any time?

Two, why did he have a gun?
 
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terbear8

Junior Member
I am not sure if his probation says he can be searched at anytime but they did not even know who was driving the car when they pulled him over. They never asked for his license. I don't know why he had a gun.
 
justalayman

justalayman

Senior Member
Not knowing the situation, I can only guess but it is possible the officer knew your your baby's daddy by face. If he was driving a car registered to him, the police will generally treat the driver as the owner until proven otherwise as well. Was this car registered to your your baby's daddy? Is it possible the officer knew your him by face?

Then there is always the possibility that somebody ratted on him as well adn informed the police he was carrying a weapon.
 
CdwJava

CdwJava

Senior Member
In most instances a convicted felon will have search stipulations on his or her probation. If so, then the search is almost certainly good unless your state places some peculiar conditions on the search such as requiring a probation officer be notified prior, or some similar provision.

He needs to consult legal counsel.

- Carl
 
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