If you tell a parole officer he can not search some body else property, can he still search the property if a parolee exited the property?

If a parole officer searches a car that a parolee possesses without consent of the owner or the parolee, is the search legal and if so how?

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Originally Posted by Antoinette Will

If a parole officer searches a car that a parolee possesses without consent of the owner or the parolee, is the search legal and if so how?

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Hello A:

It depends... If the PO wants to levy NEW charges, the search will probably be ruled illegal.. But, if the PO only wants to violate him, the search is legal.

excon

If the person on parole is using it ( or even riding in) he can search it and use that against the person on parole.

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Originally Posted by Fr_Chuck

If the person on parole is using it ( or even riding in) he can search it and use that against the person on parole.

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But if the car is not in possession of the parolee, and the person who is in possession doesn't give consent, it might be an issue.

Say, for example, the PO stops a car driven by "A", an upstanding citizen with no criminal record. The officer has no probable cause to stop A, except for the fact that he/she notices "B", a known parolee, riding in the car. If A objects to a search, the officer proably has the right to conduct a "Terry" search. But a more intrusive search (looking in a location where a weapon could not possibly be located and constitute a threat to the officer) might be over the top.