Legal Question in Criminal Law in California

Probable cause

we were out of gas in Faifield.Ca. we were at a gas station parked near bathroom/car vaccuum both of us were out of the vehicle.my boyfriend was putting gas in with a gas can, and i was cleaning the garbage out of the front seat.my boyfriend is on probation. they said an annonomous patron called because we looked suspicios(?)you could clearly see we were out of gas.anyway they asked if we were on probation ect... I told them no to search me. they had numerous police cars plus a dog with in minutes. they found a pipe buried in my car(which is in my mothers name) what are my rights to probation searches? my car, when he wasnt in the car?the police said we both were;lie. do the have certain probation procedures with or without his probation officer?


Asked on 6/20/08, 3:23 pm

2 Answers from Attorneys
Quentin Simms LAW OFFICES of QUENTIN B. SIMMS & ASSOCIATES

Re: Probable cause

More specific facts are required....

But here is some info upon which you may ponder until you SCHEDULE A CONSULTATION WITH AN ATTORNEY to render a legal opinion.

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Generally, if there is a probationer with a search condition in an auto; then lw enfment may search him and the area within his arms reach/to which he has reasonable access.

When in the company of a probationer, one not on probation relinquishes a degree of privacy rights as to certain areas. The safety concern to search outweighs the privacy rights of a third party who knowingly consorts w/ a probationer.

Equivocal circumstances which the "concerned citizen" reports support investigation as a measure of public safety/concern.

Finally, you GAVE CONSENT TO SEARCH. So, if all other justifications fail as to PCause; then it was needed any. YOUR CONSENT WAS SUFFICIENT.

Thanks for letting me be of service.

QSimms

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Answered on 6/20/08, 8:41 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Probable cause

It looks like it is a moot point because you agreed to the search. Without your agreement, you would have had certain privacy rights with respect to being searched even if a probationer was present with you.

Your lawyer - privately retained one or a public defender provider to you - needs to analyze your situation in detail based upon all facts.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 6/22/08, 4:22 pm


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