I am on DEJ for a misdameanor hash possession and recently got pulled over. It was my car but my bf, who is on parole, was driving because I was taking Vicodin for Wilson teeth. The officers automatically searched the entire vehicle without probable cause, did I get illegaly searched? I did not consent and there was no reason since they are only allowed to search the parolee and his person if he does not own the car.
If you were convicted of misdemeanor possession and were sentenced to a DEJ program than it is very, very likely that a condition of your probation is being subjected to search and seizure without probable during either the dayor night. This is a very common condition to most drug convictions. They do not need permission to those on probation. In fact, most officer know to start any random encounter with the question, "are you on probation?". This is so they can then tell someone to turn out their pockets when they get a yes answer.
You should contact the attorney who represented you in the matter. They would know for certain. Good luck.
Two answers. If your boyfriend was on parole, HE has search terms and they can search the car. He was in control of the vehicle so it does not matter that it is owned by you. On most DEJ or diversion sentences, Bravo search terms are part of the program so an officer can search you, your car, or home without consent or without a warrant. This can get very technical but from what you wrote, it sounds like the officer had the right to search. I would need more information to confirm.
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