Legal Question in Civil Rights Law in California

I reside in Eureka, California.
One morning, two Sheriffs knocked on my door, looking for my daughter who had a Federal warrant for her arrest for probation violation from the State of Oregon. She was in my bed asleep, and although I knew she had an outstanding warrant, was loathe to just hand her over. She had been at my place about 4 days, and told me she was going to turn herself in after a short visit with us as she was afraid we may not see her for a long time. I lied and said she was not there. The officer said he would like to come in and see for himself. I respectfully denied him entry without a search warrant. He said "That's because she's in there, isn't it?". I again replied "NO". He demanded again to be let in to look for her. I respectfully denied him entry again. Then he asked me for my I.D.. I walked back to my room to get it and when I turned my back he burst into the hallway, forcefully pushing me aside and into my room where he found my daughter. He drug her out of bed and placed us both, handcuffed, of course, in seperate cars.
My friend, her boyfriend, and her 8 yr old son, were present also. After removing everyone from the home, they proceeded to tear my place up! My friends cell phone was in her room and turned off. But the officer turned it on, and proceeded to look through it, reading her text messages and contacts.
He made inappropriate remarks about some of her text messages. Before all was said and done, the officers removed her son, turning him over to another family member because my daughter was found to have paraphenalia on her and they said he was in an endangered environment because of that alone. They spent two hours lecturing her on what a bad Mom she was to have her son there with a felon, and a liar (me). And continuously were in the young mans face telling him not to grow up to be a liar like his mothers friends! It is important that I mention that one of the officers used the 'F' word continuously throughout the investigation in front of and to the boy. I was astounded! Not one of us cursed or resisted or were rude. But although his lecture was about what bad examples of adults we were, he inappropriatley cursed with every other word!
I want to know the officer had the right to force entry to my home, after being denied permission, twice, without a search warrant. And did they have the right to turn on my friends phone, violating her privacy by reading her personal messages and contacts. I would also like to file a grievance, or...?, in regards to the language and conduct of the officer.

Asked on 5/20/11, 1:24 pm

Joe Marman Law Office of Joseph Marman

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Typically, a parole has given up the right to not be searched at any bulding that they may be in.

But I agree with you that the police shoudl not breadk up a house and had no right to search the phone records. Get a civil rights attorney.

Answered on 5/20/11, 2:14 pm

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