Legal Question in Criminal Law in California

If I was on probation and my boyfriend was pulled over and I was searched because i was on probation and they found drugs. Apon release I looked at my probation agreement and it said I wasnt on search and seizure , Is that considered a illegal search ?


Asked on 1/28/11, 11:36 pm

1 Answer from Attorneys

David Shapiro Shapiro Defense, PLLC

These are fact-based questions and the facts you've presented severely limit an attorney's ability to be definitive. Within the scope of the facts you present in your question: Yes. Without those crucial facts, the answer is: there's a good chance, IF there is no other 4th amendment exception to a warrantless search that existed at the time. Search and seizure law (4th Amendment law) is extremely complex. Without knowing the facts of the case in detail and relating those facts and circumstances to California Search and Seizure law, a clearer answer is impossible. Take the police reports and facts not in the police reports to an experienced criminal defense attorney and you will get the help you need.

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Answered on 2/09/11, 8:01 pm


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