Archive for the 'Warrantless Searches' Category

Police must know of parole search condition before conducting a search

Sunday, November 15th, 2009

When can the police conduct a search?
Searches conducted by police officers are lawful if the police have a legitimate reason to conduct the search. To determine if a search is lawful, a court will base its decision on circumstances known to the officer when search is conducted. The police may not conduct a search and [...]

Police need reason to suspect that a person is armed and dangerous to conduct pat down search

Saturday, November 7th, 2009

In order to conduct a pat down search of a person, the police must have a clear reason or suspicion that the person is armed and dangerous. If a person is only sitting in front of house where officers intended to conduct probation search, that circumstance alone is not enough to believe that the person [...]

If I’m a minor, can I be searched and patted down by police officers for any reason?

Wednesday, November 4th, 2009

When can a minor be searched and patted down by police:

The police need specific facts to justify their suspicion that a minor is armed and dangerous before they conduct a pat-down or search of the minor.
Case law, including the case of In Re H.H., says the police are permitted to conduct a limited, protective pat-down [...]

Can I be stopped by a police officer for having tinted windows?

Tuesday, November 3rd, 2009

Having tinted windows is not necessarily illegal. If tinted windows meet the requirements of California law (Vehicle Code § 26708.5), there is no basis for a traffic stop based solely on the fact that an officer thinks the windows are illegally tinted, according to the case of People v. Butler. 
Just because an officer observes tinted [...]

If I’m a minor on probation can I be searched for any reason?

Tuesday, October 27th, 2009

Minor on Probation Cannot be Searched Unless Police Have a Reason
In order to conduct a search of the minor on probation who has not given the police a reason to search him, the officer must already know of the previous probation condition before the search takes place under the case of  In Re Jaime P. [...]

When Do the Police Have the Right to Search My Vehicle After I have Been Arrested?

Tuesday, June 9th, 2009

For the last 28 years, police officers have been taught that they may disregard an occupant’s privacy interests and search a motor vehicle incident to any arrest. However, in the landmark decision of Arizona v. Grant, the United States Supreme Court struck down this broad practice as being unconstitutional under the Fourth Amendment’s prohibition [...]