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If you're detained for a simple traffic violation, and already was given ticket and free to go, can they then search vehicle ?

Brentwood, CA |

Pulled over for no front license plate, signed off on ticket and was told to get back into vehicle and ID's would be brought back to us (driver and passengers) Then they told everyone to get back out and searched passengers and vehicle because backseat passenger was on possible probation.

Attorney Answers 3


If anything was found and you are being charged you need to speak with a local criminal defense attorney. If you cannot afford to hire an attorney then get the public defender appointed. Your lawyer may be able to run a suppression motion on your behalf. Do not post anymore details on here as this is a public forum, save any further details until you speak to an attorney.

The information provided is not intended as legal advice and does not establish an attorney client relationship. If you are in the greater Sacramento area and wish a further consultation please contact me at (916)594-9442.

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If anything was found and you are being charged with a crime you should consult with a criminal defense attorney license in California to protect your interest.

My response to your question is a generic response and should not be construed as controlling to your case. I can not effectively advise about your case without knowing all the facts. Additionally, my response does not create an attorney-client relationship. You can contact my office to schedule an appointment if you would like to have me represent you.

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If the police thought reasonably and in good faith that someone in the car was on probation they can search the car. A suppression is still appropriate but I doubt you'll win it.

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