Is it illegal to search a person if they are not on probation?

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Is it illegal to search a person if they are not on probation?

My brother was walking with friends and a police pulled over to talk to them. He searched my brother who is not on probation and did not even bother to look his name up in the computer system first. He found 9 grams of marijuana in a jar and a little over $400 on my brother. My brother has proof for why he has that money because he has check stubs from his previous job. As for the marijuana, it’s his personal use. The district attorney wants to cut him a deal to serve 180 days in jail and to have a felony on his record. My brother is 18 and this is his first offense as an adult. What should we do?

Asked on May 8, 2012 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is nothing under the law prohibiting a search of a person if he or she is not on probation. What is necessary for the search by law enforcement is if there is probable cause under the circumstances that a crime may have occurred.

In the circumstances written, I suggest that your brother consult with a criminal defense attorney to see what is the best way to defend the charge against him. Possibly a motion to supress the search may be warranted if there was no probable cause for the stop and search by law enforcement.


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