Can you be pulled over in calif. just for being on felony probation?

Asked about 2 years ago - San Carlos, CA

I was parked when a cop pulled behind me. got out of his car and said my name, I was not registered owner but an an additional driver. He then asked to search the car and my wifes purse. I am on Felony Probation. He did not find anything. I was not cited or arrested. Just want to know my rights.

Attorney answers (3)

  1. Jared Christian Winter

    Contributor Level 12

    2

    Lawyers agree

    Answered . If the cop already knows you (it sounds like he did) and knows that you are on felony probation, then you can be stopped and searched without cause. Be very careful.

  2. Robert Lee Marshall

    Contributor Level 20

    2

    Lawyers agree

    Answered . It depends. Do the terms and conditions of your felony probation require you to submit to warrantless searches? Then the answer is yes... unless the searches are conducted in an arbitrary or harassing manner.

    Since your wife's purse was in the car and under your control, they could search it, too. If she was present, the answer might be different.

    It sounds like you're a little unclear about the terms of your probation. I'd suggest reviewing them with your lawyer or probation officer.

    Please understand that this is a general discussion of legal principles by a California lawyer and does not create... more
  3. John M. Kaman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Yes you can be pulled over and searched without cause or suspicion. That's because in agreeing to accept the benefits of probation you agreed to give up your 4th amendment rights protecting you from unreasonable search and seizure.

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