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    Antoinette Will's Avatar
    Antoinette Will Posts: 2, Reputation: 1
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    #1

    Jul 24, 2012, 01:25 PM
    Daquan
    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?
    Antoinette Will's Avatar
    Antoinette Will Posts: 2, Reputation: 1
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    #2

    Jul 24, 2012, 01:35 PM
    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?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jul 24, 2012, 02:25 PM
    Quote Originally Posted by Antoinette Will View Post
    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?
    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
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jul 24, 2012, 02:45 PM
    If the person on parole is using it ( or even riding in) he can search it and use that against the person on parole.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jul 24, 2012, 02:55 PM
    Quote Originally Posted by Fr_Chuck View Post
    If the person on parole is using it ( or even riding in) he can search it and use that against the person on parole.
    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.

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