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If someone has a protective order against them in the state…

If someone has a protective...
If someone has a protective order against them in the state of California, do they have to submit to a search of property without a warrant at any time, even if they are not near the protected person?
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Answered in 1 minute by:
3/31/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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In order to search a person's property, police need a warrant or an exception to the warrant requirement. A protective order, in and of itself, would not be the basis for a warrantless search. There are only a small handful of exceptions -- an emergency situation, the imminent destruction of evidence, plain view, hot pursuit, and consent are the most common and don't apply.

If you are on probation and a probation officer is with the police, probation does have the right to make unannounced random visits to search a probationer's residence for contraband.

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Customer reply replied 4 months ago
If a person is found asleep in their car but is awake when the police arrive, could that be considered an emergency?

It would give them a reason to come over to the car, ask him for ID and to investigate what he was doing. If he were acting suspiciously, they could ask him to step out of the car and pat him down for safety. They could look into the car and seize any contraband in plain view. If they were going to arrest him for something, they could inventory the contents of the car.

But to thoroughly search it, they'd need a warrant or the car owner's consent.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,927
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 4 months ago
Thanks. I see that there is a service to research case law. Is it only civil cases? As you can tell I am dealing with criminal law by my questions.
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