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    jk509's Avatar
    jk509 Posts: 1, Reputation: 1
    New Member
     
    #1

    Mar 9, 2017, 01:13 AM
    Legal an illegal serches
    A warrant for my arrest was issued for non complicate while on federal probation I was then arrest while driving. Do they (cops) have the right to search the car I'm driving even though its not in my name
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #2

    Mar 9, 2017, 03:44 AM
    Yes. Same with someone else's home.
    ma0641's Avatar
    ma0641 Posts: 15,675, Reputation: 1012
    Uber Member
     
    #3

    Mar 9, 2017, 02:57 PM
    That would be a great loophole wouldn't it! Make sure when you are on probation and with an arrest warrant you drive someone else's car?? Any suspicion and they have the right to search, particularly if they suspect drugs or if a dog alerts.

    "Offenders are generally required to submit a monthly supervision report within the first five days of the month to the U.S. Probation office. The report asks about employment; vehicles; finances (including bank accounts, past due debts, cash inflows and outflows, major expenditures, post office boxes, safe deposit boxes, and storage units); questionings by law enforcement; arrests; dispositions of charges; contacts with others who have criminal records; firearm possession and/or access; illegal drug use and/or possession; travel outside the probation district; special assessments, restitution, and fine balances and payments; community service obligations and hours completed, missed, and remaining; and drug, alcohol, and mental health aftercare and any sessions missed. It is a class D felony to make a false statement on this report. 18 U.S.C. § 1001"
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Mar 9, 2017, 06:31 PM
    IF you are on probation, with permission of probation, they can search any house you are in or any car you are in.
    When they do an arrest, often they impound the car. When they impound, they do not "search" they inventory the car, so that everything you have is accounted for. Now during this inventory, if they find anything illegal, it is considered in plain sight, since it was found during the inventory process, not being searched.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Apr 4, 2017, 03:36 PM
    Hello jk:

    While on probation, your 4th Amendment rights are severely curtailed.. Therefore, IMHO they had the right to search the car you were driving, no matter WHO owned it.

    excon

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