Do you loose your search and seizure rights if you have informal probation due to burglary to the 2nd degree?

Asked almost 4 years ago - Rancho Santa Margarita, CA

My boyfriend and I got pulled over due to registration (We needed to renew our tags). We were aware of this. But a few months ago my boyfriend was charged with burglary in the second degree (in a target). The officer told us that they can search our car and take us back to our house and search there too, which they did. They found pot and took him to jail. But is it even legal for them to do this? I was told he wouldn't have lost his search and seizure rights unless he was registered as a drug offender, which he is not.

Attorney answers (1)

  1. Robert Lee Marshall

    Contributor Level 20

    Answered . Probation searches are not limited to drug offenders.

    The court can impose reasonable conditions on someone who is on probation. Your boyfriend's probation terms apparently include some sort of condition requiring him to submit to law enforcement searches of his car, home, person and other property.

    The search can be for stolen property, burglary tools or drugs, depending on the offense.

    Because you live with him, they can search any part of your house that he can access.

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