Devastating Illegal Searches? Essential Constitutional Rights You Need
Police seize every chance to search, says San Jose criminal defense attorney Stuart Kirchick—and someone on probation or parole with search conditions has effectively waived much of their Fourth Amendment protection, so officers need no warrant or probable cause. Even amid drug decriminalization, he notes, those supervision-based search powers remain a routine part of enforcement.
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Answered by Stuart Kirchick · San Jose, CA
Highlights
Frequently Asked Questions
Do police use every chance to search?
Yes—officers use every opening to search someone with priors, seizing on any legal basis available.
How do probation conditions enable searches?
Someone on probation or parole with search conditions has effectively waived much of their Fourth Amendment protection, so officers need no warrant or probable cause.
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