Sunday, December 14, 2014

When on Probation in FL can a cop who conducts a traffic stop search the vehicle top to bottom without a warrant? / AVVO / "Best Answer" / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     Being on probation for a felony, can just any officer/sheriff/trooper (not prob. off.) search my vehicle without warrant/cause? Probation for felony drug charge, state of Florida, adjudication was withheld, first offense/felony. Can just any officer/sheriff/trooper conduct a search without a warrant of the vehicle? If so, are they able to search locked compartments as well, such as the glove box or truck (without a warrant)?

A:    Chosen as "Best Answer" by Asker!

Michael Adam Haber


Contributor Level 20


Lawyers agree
Best Answer
chosen by asker
Answered .  Only your PO, or any law enforcement officer who is with and physically assisting your PO can search you or your property. 

Your PO cannot send minions to do her/his bidding. S/he must be physically present. 

Apart from your PO, every other government officer, agent or entity is bound by the 4th. 

Don't consent and record every encounter with the cops so you can prove how respectful you were when you invoked your rights and declined their kind offer to search you or your property. 

If it's your PO then let her/him do what s/he wants. You will lose each and every pissing match that you have with your PO. (Even if you win in the end you will still have lost.) 

As an aside, you might consider taking a look at my Avvo Legal Guide on surviving probation / CC in Florida as it contains a great deal of information on the subject and may prove to be helpful to you. For your convenience a link follows: 

Please see:

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 

Since 1991 Michael A. Haber, P.A. has been creatively, effectively and zealously representing clients, both juvenile and adult, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.

At Michael A. Haber, P.A. "Its all about reasonable doubt"! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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