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Parole Search of Vehicle's Passenger - Unlawful

Posted by Dmitry Gorin | Jul 21, 2008 | 0 Comments

A parole search is often used by police officers to justify a warrantless search of a car or home - when they know a subject is on parole. The search does not justify searching someone who is with the parolee, without separate legal justifications. Los Angeles criminal lawyers can file a Motion to Suppress Evidence, pursuant to Penal Code Section 1538.5, to argue to the judge that the stop of a car and/or the search of a house were unconstitutional. A successful motion typically means that the criminal case will be dismissed.Here is an example of a recent case were the parole search was deemed to be unconstitutional by the Court of Appeal.A police officer conducting a parole search of a vehicle driven by a male parolee lacked authority to search the distinctly female purse he found on the floorboard of the seat from which the car Tagged as: probation and sentencing laws

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Dmitry Gorin

Find me on Google+ Dmitry Gorin is a licensed attorney, who has been involved in criminal trial work and pretrial litigation since 1994. Before becoming partner in Eisner Gorin LLP, Mr. Gorin was a Senior Deputy District Attorney in Los Angeles Courts for more than ten years. As a criminal tri...

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