Ask Experts Questions for FREE Help !
Ask
    tan001's Avatar
    tan001 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 10, 2007, 05:38 PM
    Unsupervised probation
    My friend is on unsupervised probation, he was pulled over for a break light. He had his licenses and registration and insurance. The passenger in the car had a open container and the officer searched the car. The glove department had crack cocaine in it. It was the passenger but he got locked up not the passenger. WHY? Did the officer have the right search the car because of the open container? Well he get in trouble for being on unsupervised probation because of the drugs in the car.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Jul 10, 2007, 06:20 PM
    Well here in TN a open container is not illegal ( believe it or not) so here it would not be a criminal act and would not give them grounds to search the car.

    But in almost anywhere else, it is illegal, and everyone within reach of that open container can now be under arrest, a crime is in process, the open container sitting there. So yes they may not search the car.

    And yes of course he can be in serious trouble, depending on what the original charge is it may be more seroius. If the original charge was drug related.

    So at best he is with known drug users, at worst he will be found in possession of the drugs.

    So he can have his probation revolked, or do jail time on the possession even.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #3

    Jul 11, 2007, 05:22 AM
    Quote Originally Posted by tan001
    Did the officer have the right search the car because of the open container? Well he get in trouble for being on unsupervised probation because of the drugs in the car.
    Hello tan:

    There have been lots and lots of lawbooks written on the very subject you bring up. Therefore, there's no absolute answer, and it depends on lots and lots of things. Much of what it depends on is the quality of your/his lawyer.

    Will he get into trouble?? Yuppers.

    excon

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Unsupervised Probation [ 5 Answers ]

I got a charge w/ 2 Unsupervised Probation. My questions are: 1) If I move to another place, should I report to the local Probation Officer (both out and in locations) 2) If I travel, should I also report to the Probation Office? 3) If I find ajob, should I tell my boss or employer?

Unsupervised probation [ 2 Answers ]

My brother-in-law is on unsupervised probation in Tennessee. He wants to come live with me and his brother in Michigan. Will he get in trouble for leaving state if he does?

Unsupervised probation [ 2 Answers ]

My ex-husband is on unsupervised probation. Is he allowed to possess a firearm, or leave the state without prior consent or notification?

Unsupervised probation [ 1 Answers ]

I am on unsupervised probation in the state of Indiana but I am going to college in Idaho. I have paid all my fines and attended the alcohol classes on time and with no problems. I have one month left on my year long probation but 5 months ago I got pulled over for invalid license. I called the...


View more questions Search