Legal Question in Criminal Law in California

if you drive a car oon a suspended licsenes get pulled over do you give up your search rights

Asked on 7/11/12, 6:00 pm

2 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

If it is suspended for a DUI and you are still on probation and a Fourth-Waiver was a term of probation, yes. If it suspended for another reason, e.g. failure to pay child support, or a failure to appear in court, ... the 4th Amendment should apply.

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Answered on 7/11/12, 6:14 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

While you may not give up your Fourth Amendment rights, the police have the right in California to seize your vehicle. If the vehicle is seized the police may have the right to perform an inventory search on the vehicle. If you are arrested the police have the right to search you, and perhaps your car, incident to your arrest.

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Answered on 7/11/12, 11:16 pm

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