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Tug_Kitten

Parole Compliance-Illegal Search&Seizure

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Is the wife of a parolee entitled to a "right to privacy" when a parole compliance search is being done in the home? And, is a vehicle registered solely to the wife (bought before the marriage) allowed to be searched as part of the compliance search?

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The state is California. I am just wondering if they would have to ask my permission to search the vehicle if we were not in it at the time. I have researched a bit and the Title 15 information I read states that "only those areas of a parolees residence occupied solely by the parolee or of common access shall be searched without a warrant." My understanding of that is the residece is subject to search, not a vehicle parked outside underneath the apartment in a carport. I would understand if we were in the vehicle and were pulled over, then a search of the vehicle would make more sense. Do we possibly have a chance to have evidence found in the vehicle throw out?

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HE is subject to a search condition. They can search ANYWHERE that he has access to. If he is able to drive the car, has keys to it, etc, the search of the vehicle is legal. He has no basis to object. If evidence was recovered from the vehicle and YOU are being charged with possessing it, then you can challenge the search based upon your own 4th amendment rights BUT, again, if they can show he had access to the vehicle, the search will be found to be legal.

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Okay...there is only one set of keys, mine. What if they didn't ask who drives the vehicle etc. until after they searched the vehicle? We work at the same place, so I drive him to work, go back home to get ready then drive myself to work and after work I drive home. He drives company vehicles throughout the day. I'm just wondering if there is any slight chance this will go our way. Eventhough they found something in the vehicle, he had truly not done anything wrong besides not throwing something away that he should have.

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Look, this is simple. He's on parole; he had access to the vehicle; he's BEEN in the vehicle and he is subject to blanket search condition because he's on parole. There is no other way to say this: HE CANNOT CHALLENGE THE SEARCH. He can't use the fact that YOU have a privacy right in the vehicle because HE does not.

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