Legal Question in Criminal Law in California

Search & Seizure in Relation to Probation

(The rhyme in the subject was unintended.)

I recently pled (pleaded?) guilty in a criminal case, and consented to the revoking of my search and seizure rights. However, I am unsure what exactly counts as my ''person and property''. I have been told that areas of my home to which I have no access are not subject to search�is this true? My main concern, however, is with the search of my automobile. I understand that my car can be searched, but what about my friends, their possessions, et cetera? My friends are obviously not my possessions, but can their persons be searched if they are passengers in my car? What about backpacks or bags or the like which are theirs? I would assume that the claim that an unattended package or bag belongs to someone else would be debatable or dubious in court, but I would like to know the official legal standing of such things. I naturally tell my friends to never bring anything illegal into my car, but I would still like to know if I can be blamed for such things.

Thank you very much for your help.


Asked on 8/26/08, 9:50 pm

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Search & Seizure in Relation to Probation

You are absolutely right in taking all kinds of precautions given your situation. One thing certain about the law is that often there is no or little certainty. While you are in probationary status, you must assume that all kinds of negative developments can and will happen and protect yourself accordingly.

That said, recently there was a court decision where the U.S. Supreme Court, I believe it was, made it clear that the right to search the driver of the car, based on probable cause or otherwise, does not extend to the passengers and presumably their belongings as well. Given your status, however, you should assume that once cops find out you are on probation they will want to search everyone and perhaps conveniently lie about it thereafter as well. Even if you ultimately prevail in court, chances are you face probation violation proceedings if someone in your home or car is caught with contraband.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 8/26/08, 10:17 pm


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