I had let my boyfriend who is on probation drive my car and I was sitting in the front passenger seat. Another couple in the back seat, the guy was on probation. Before we were pulled over we had stopped at a gas station to get gas and the cop pulled in, saw us, pulled across the street and waited for us to get on the freeway to pull us over. Isn't this illegal profiling? Especially because the cop kept claiming he knew both my boyfriend and his friend from some drug raid or something (not true). He had already called in 3 backup cars too. Is it true he can search my purse (which was sitting on the front passenger side floor) because it was within arms length of my boyfriend? If he found anything and gave me a ticket for it can that get thrown out at court?
The right answer or the real world? Your boyfriends prior consent, i.e. probation search does not extend to your purse. The real world the cops are going to search your purse when you are hanging out with someone on probation. They will take you to jail and you will spend too much time there. Then the DA will file charges. Then your attorney will try to have the evidence dismissed. Then most judges would, but your luck the judge is stupid and hates you so you have to go to trial. In the meantime your attorney files a writ with the appellate court. After spending 2 months in jail the appellate suppresses the evidence.
OR - the cops says "she gave me consent to search the purse" or "I saw in plain view sticking out of the purse a gun/drugs/needles/dead body (joke)...
The point is when you hand out with probationers or parolees you assume the risk of being sucked into their world whether the cops are acting within the law or not.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
Think of it this way. You have a 4th amendment right to be free from search and seizure without probable cause. If you have probationers with you, you are giving up most of those rights. If you want to keep your 4th amendment rights in tact:
1. Stay away from probationers and parolees
2. Don't give permission to search
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
Unfortunately, yes, that is the law. In the real world, it doesn't make sense, but in the eyes of the law yes.
It probably won't get thrown out.
If you have any questions or would like a free confidential consultation, please feel free to call me.