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Can cops or whoever search my vehicle without consent if I'm on pre trial intervention?

Winter Park, FL |

I'm trying to research my rights as a motor vehicle driver in the state of Florida. Have I lost any rights now that I'm on pti?

Attorney Answers 3


Good question. Look at the terms of the PTI contract first. Most mirror that of a standard probation orders. As it applies to probation, generally, a standard condition is that the probationer "consents" to a search of his or her person and home (vehicles not mentioned). But even those probationary searches are limited as to what can be used to form the basis for a new charge. See for example, Gordon v. State, 1 So.3d 1117 (Fla. 1st DCA 2009).
Lastly, while I hate to state the obvious, particularly if you are PTI for some other crime, it's a good idea to not have anything illegal on your person, in your home, or in your vehicle.

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I assume that pretrial intervention in FL is similar to DEJ or deferred entry of judgment here in CA. It is a form of pretrial diversion , usually for drugs. Search terms are included as a requirement to participate in the program.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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In general, yes they can search you. Subject to the limitations my colleague mentioned

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