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

Asked about 1 year ago - 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)

  1. Aaron J. O'Brien

    Contributor Level 13

    6

    Lawyers agree

    Answered . 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.

  2. Roger Scott Jr.

    Pro

    Contributor Level 12

    1

    Lawyer agrees

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

  3. Harry Edward Hudson Jr

    Contributor Level 20

    Answered . 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... more

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