Okay, so, as to being on Juvenile Probation, I have no 4th amendment right, but does that apply to vehicles also? I fear that the many police that know me will harass me by pulling me over every time they see me driving. Would that be legal? and if they do pull me over, can they search my vehicle even with no reason to search? What other rights should I be aware of to protect myself? I would very much appreciate your answers to this question.
Criminal Defense Attorney
Your being on probation means that you also must consent to the search of your vehicle.
Police that know you may pull you over if they recognize you, however, they may not make a traffic stop unless they observe a violation of the law. Without observing a violation, he does not have probable cause to make a traffic stop. Whren v. United States (1996) 517 U.S. 806. Even if such driving were deemed unusual, an officer may not make a traffic stop simply based upon unusual driving. Taylor v. DMV (1995) 36 Cal.App.4th 812 (the officer’s subject belief that a suspect’s driving is unusual is insufficient to support a traffic stop).
Once there is a stop, the officer can definitely seize whatever is in plain view. He can also search the area within your reach if he has an articulable suspicion that there is evidence of a crime within that area. When it comes to needing a warrant to search more, he does not need to get that. However, to search a broader area, such as the trunk or the back seat, he still must have an articulable suspicion that there is a need to search. It is still not carte blanche. However, after something is found, you ought to know that such a suspicion will be fabricated to sanitize the search.
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