I. Can The Police Search You While On Probation?
This question is often asked by clients who are on probation and the answer to this is generally yes, but there can be limitations on the officer’s authority to search. In some cases, courts impose a limit on what a person on probation can be searched for. For example, if a person is placed on probation and is prohibited from carrying firearms, the police can search the person for firearms but the search cannot exceed the scope of the search for firearms.
II. A Clear Example
Here is an example that shows the above restriction on the authority to search a person on probation. Person A is on probation and is prohibited from carrying firearms. Person A is with B and both are stopped by the police. Person A has a wallet that can only fit a few credit cards and cash. The officer searches A’s wallet for contraband, and proceeds to search B’s backpack. Did the search exceed the authority to search A for firearms? Yes.
When there are limits to searching a person on probation, the police must not exceed the scope of the search. Granted, there are scenarios when a further search is allowed but the example above shows when there is a limit to searches of a person on probation.
If you or someone you know is currently on probation and needs help with a criminal matter, please give the Law Offices of Mark A. Gallagher a call. With over 20 years of experience, our office is equipped to handle any criminal matter you may be facing. Call our offices at 800-797-8406 to schedule your free consultation or visit our website at https://www.socaldefenselawyers.com/ for more information.