Legal Question in Constitutional Law in California

4th amendment rights

This is a follow up to my previous question concerning a search of our hm because my son is a parolee. Isn't it illegal, though in California or anywhere to conduct searches that are harassing in nature? In addistion, these police searched common and uncommon areas. All of this appears to be against the law. This is quite astounding to me!


Asked on 11/25/08, 2:30 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: 4th amendment rights

[For other users who may be wondering, the earlier question to which this one prefers is at http://www.lawguru.com/cgi/bbs/mesg.cgi?i=187292752]

There may be an issue where police conduct a search in order to harass someone, but I see no reason to believe that that is what happened here. The fact that you call the search "harassing in nature" doesn't make it so. The account you gave in your previous question does not suggest anything dramatically out of the ordinary -- especially if your son was convicted of a serious crime. (Neither of your questions says what his conviction was for; that information might have been useful.)

Read more
Answered on 11/25/08, 8:15 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: 4th amendment rights

You are going to sue the police for what, leaving the toilet seat up? For me to take the case they would at least have to shoot your dog.

Read more
Answered on 11/25/08, 2:43 am


Related Questions & Answers

More Constitutional Law questions and answers in California