Legal Question in Criminal Law in Tennessee

I was accused of theft of merchandise from a store, the police pulled up while I was standing outside the vehicle I was in, I'm on probation and they searched my person. They didn't find anything. They asked to search the vehicle and I said no but because of being on probation they searched anyway. Is that a illegal search

Asked on 3/12/20, 10:03 am

1 Answer from Attorneys

It can be a condition of probation that you "consent to a search of your person or property" at any time. And that provision of law has been upheld in Tennessee. So you should look to your probation order. If it says you consent to being searched as a condition of probation, and if you signed the order, then yes, you can be searched.

On the "Standard" Tennessee state Probation Order (Form CR 0933) it's item 7:

7. I consent to a search, without a warrant, of my person, vehicle, property or place of residence by any Probation/Parole officer or law enforcement officer, at any time.

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Answered on 3/13/20, 9:03 am

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