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Rights of a probation officer?

Probation Search and Seizure 4th Amendment?

  • I was pulled over on the side of the road with my friends in the car, suddenly a police officer pulls up behind me. Now one of my friends is on probation. But I own the car and he does not and I was the one driving. The cop proceeds to order us all out of the car and ask if anyone is on probation. My friend answers and states honestly yes. And the officer ask may I search the vehicle. To that my friend replied well it is not my car He owns it. The cop looks at me and turns back and repeats the question and than my friend says yes. Constituting a search to a vehicle he does not own. Were my rights violated in this situation and would the officer still have the right to search my vehicle when in transport with a person to whom is on probation with no probable cause for search? Does a person on probation automatically provide probable cause for the searching of any property in which the person on probation is currently with in the vicinity of?

  • Answer:

    I don't think so. If anybody was arrested form the car then in most states yes. Here is a good video to watch that might help you out in the future and protecting your rights. http://www.youtube.com/watch?v=nyokKFIecIo&feature=related This wasn't the video I was looking for but search around there is a full length one of that and a whole bunch of other ones.

somalie1... at Yahoo! Answers Visit the source

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If your friend is on probation with a search and seizure clause (also known as a 4th waiver), then the officer likely could have searched the vehicle without asking anyone. You didn't say if your friend was "searchable" and just because he/she was on probation does not necessarily mean they are. Probation searches, where allowed by the terms of probation, do not require probable cuase. That would sort of defeat the purpose, wouldn't it? No, a search term in a probation order does not automatically provide a legal reason to search anything the probationer is nearby. Control and access to the property are key criteria for being able to search property that does not belong to the probationer.

no. probable cause would be you coming out of a known drug area, and the cops did violate your rights, since your friend did not own the car, he didn't have any right to give permission. You should have objected right then and there, stating as owner of the car, you required the officer to get a search warrant

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