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Unlawful entry?

Discussion in 'Probation, Parole, Incarceration' started by Jez M, Sep 20, 2019.

  1. Jez M

    Jez M Law Topic Starter New Member

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    Good morning. I have a few questions regarding a traffic stop. I was pulled over a couple weeks ago for an infraction. Being that I'm on informal probation, my vehicle was searched without incident. Admitting I was UTI of a controlled substance, I was placed under arrest and put in the back of the police car. They then drove me to my residence, about a mile from where I was pulled over, used my keys to let themselves in where my boyfriend and his roommate were, completely oblivious to what was happening, then searched the house. First question is can the police legally unlock and enter a home without warning, and doesn't the person on probation have to be physically present? (I was still in the back of the cop car a couple houses down.) Also, there were a few mistakes written on mine and my boyfriend's tickets... He was cited with having paraphernalia.
     
  2. Zigner

    Zigner Well-Known Member

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    Generally, yes, they can search the probationer's residence.
    These questions sound like great questions to ask your attorney(s).
     
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  3. justblue

    justblue Well-Known Member

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    Ask your attorney what he thinks of you posting about your criminal case on the internet.
     
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  4. army judge

    army judge Super Moderator

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    If one chooses NOT to learn from their previous mistakes after being gifted a second chance (often multiple second chances) and receiving the gift of probation, the likelihood of reoffending and becoming a serial lawbreaker becomes a distinct possibility.
     
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  5. zddoodah

    zddoodah Well-Known Member

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    Generally speaking, the residence of a person on probation is subject to search at any time, and giving "warning" would be silly (although at least some criminals would be dumb enough to leave their contraband unhidden even with warning).

    No.

    Ok...so?
     
  6. mightymoose

    mightymoose Moderator

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    That you were arrested for being under the influence was also grounds for the vehicle search (within certain limits). I see no issue with the vehicle search as presented, and apparently nothing was found anyway.

    This could be an issue. Typically a person on informal probation is not subject to search at any given time. You should know if you are subject to search ad it would have been made clear in court. Your probation officer can also tell you, or an attorney. Often times the probation officer is the one who must decide to do the search and will be present, or at minimum be contacted by law enforcement first. There could be issues with them entering your home, at least with the info you have provided. Informal probation simply does not carry the same obligations as other probationers. You need to understand the terms of your probation and make it a point to clearly refuse permission to search when this happens. They may still search, but you want to make it clear you do not consent so they can't say you did.

    It depends on circumstances. Your situation could be either way, but my guess would be that a search of your home based only on informal probation was insufficient. However there could have been circumstances that made it ok, such as your consent. Police can be tricky about getting consent sometimes.

    Not necessarily. If the police are relying on your consent to conduct the search then you need to be present so you can withdraw consent at any time. If your consent is not required then neither is your presence.

    You don't give enough information to assess this, but mistakes can be corrected.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    Couple of druggies complaining about law enforcement.

    Boo Hoo.

    :D
     
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  8. Dubdidit

    Dubdidit New Member

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    Thats an ugly comment. Ive learned that people who suffer from addiction are not bad people, and their rights are oft ignored bevause of the stigma associated with being an addict. The fact of the matter is that justive is truly blind.

    Do you understand what that phrase means? The laws are supposed to be enforced, and protected for that matter equally and across the board despite ones downfalls. Justice does not care about the person in front of them, but rather the laws that protect or prosecute that individual. The persons back story or record cannot change how the law applies to anyone.

    Of course there are certain rights that are legally taken away, but that is a different story.
     
  9. adjusterjack

    adjusterjack Super Moderator

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    At some point in her life the poster had a choice: To do illegal drugs or not to do drugs. She chose to do drugs. From there on the consequences are of her own making.

    Same for her boyfriend.

    Same for my son, who long ago made the same choice to do illegal drugs instead of walking away. He'll be 50 in November. He's homeless with a criminal record. He can't get a real job and he's at the mercy of those who would pay him slave wages because they give him a place to sleep at night. And he's still doing drugs.

    No, they aren't "bad people" they just made bad choices that put their lives in the toilet. And if the law gets them that's the risk they took when they made the choice. At the beginning they could have chose not to.
     
  10. mightymoose

    mightymoose Moderator

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    Addict or not, if the search was unlawful the case will surely fall apart.
    As it is described above I see big problems with the search of the residence.

    If I were you I would be speaking to a private attorney about all of this, and certainly making a formal complaint against the agency that conducted the search... but consult the attorney first for guidance.
     

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