Legal Question in Constitutional Law in California

4th amendment rights for 3rd parties

My husb & I let our 23 yr old son, a parolee, live with us after his release. We live in an upscale comm. He has been a model parolee. A few days ago the sheriffs (about 20) had a parole search of our prem. We told them our son was not hm. They came in anyw & told our 9 & 7 yr old and my husb and I to remain in the living rm dwstairs, and searched our comm and uncomm living areas. They even left the patio door open in our mast bdrm area and someone relieved himself in our priv bath as he left the toilet up! I exercised my rights to leave the prem and took my small kids with me as I did not want to subj them to that. My husband stayed. He told me they videotaped our hm, asked him all names who lived with us and places of employment and requested ID. They asked whether we kept large amounts of money in our hm, and search our garage closets and other rooms. I was still driving around with our small children. Over 1 1/2 hrs later, I phoned hm, and a parole agent ans! I phn watch commander who called sergeant !This search seems to be harassing in nature! Our son was not hm, and they found nothing! My son gave up his 4th amend.rights not us.Since he wasn't hm,wasn't their intensive search harassing? Under Ca law this seems illegal.THKS


Asked on 11/24/08, 4:25 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: 4th amendment rights for 3rd parties

Live with a parolee, this comes with the territory. Your husband used poor judgment in answering questions from, or speaking at all to, the police.

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Answered on 11/24/08, 4:44 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: 4th amendment rights for 3rd parties

I agree with Mr. Stone. Parole searches are not limited to the parolee's person. The police can also search his residence and his vehicles, whether he is there or not. You and your husband subjected your family to such searches when you agreed to let your son live with you. As long as your son continues to live in your home and remains on parole, you may have to go through more such searches.

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Answered on 11/24/08, 3:01 pm


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