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While on probation, how is a search of ones person conducted ? for example; pat the pockets or put their hands in pockets?

Stockton, CA |

for example ; pat the pockets or stick their hands in the pockets?

Attorney Answers 4

  1. Depends on the kind of search, the conditions under which its being conducted.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

  2. Dear ?,

    You are asking if a particular search technique is a legal probation search. But every search is different. None of us here can answer this without reading the police report of the search, if any, and speaking with the person searched. If you are the person searched, seek counsel immediately! You can find good criminal defense lawyers in your area right here on Avvo.

    Yours sincerely,
    Tim Provis
    Cal. Bar No. 104800
    Wis. Bar No. 1020123
    Member: U.S. Supreme Court Bar

  3. Every search situation is different

    It is time for a lawyer, not a website, to discuss what claims you may have. AVVO is a free general legal information blog, not a substitute for legal advice. Look for an attorney you would like to have a consultation with. You can use Find a Lawyer tab above, right here in AVVO. Select an attorney, contact them directly and schedule a consultation. You might be glad you did.

  4. If you are on probation for instance for narcotics and you have search terms, a police officer may search you or your belongings for narcotics. This means, when you are stopped, the officer may empty your pockets and search you person or vehicle or any item belonging to you within that vehicle for evidence of narcotics. If instead, you have weapon terms, the officer may search any area of your person or vehicle for evidence of weapons.

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