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.

Avvo instant logo@2x

Need an answer to your questions within 15 minutes?

  • 30-minute phone call
  • Ask any questions
  • $99 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Instant span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now