do the police have a right to search your car and/or persons if the passenger is on probation, but not the driver?
Asked on 12/18/13, 11:09 pm
2 Answers from Attorneys
Jared Austin
Austin Legal Services, PLC
No. You did relinquish some of your rights on probation however. Your probation officer has the right to search your person or your home randomly, but not the police unless they are acting on the request of your probation officer or the judge assigned to your case.
Answered on 12/19/13, 5:17 am
William Morrison
Action Defense Center
Yes, if the officer is aware that the probationer may be violating probation by being in your car. The burden of proof (i.e. the officer's lack of causation) is on the probationer.
Answered on 12/19/13, 9:13 am
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