Legal Question in Criminal Law in California

24 hour parole search

15 hours after my husband was arrested at our house the police showed up to do a so called parole search knowing my husband was already in prison. What is the lagal time frame they have to search a house and if they find anything can they use it against him? It's been seven months since they took in custody and now they want him for some supossive drugs they found but would never show them to me. Also does the parole officer have to be there at the time of a search?

Thank you


Asked on 4/08/04, 10:58 am

2 Answers from Attorneys
Ronald Richards Law Offices of Ronald Richards and Associates

Re: 24 hour parole search

You may have a civil suit against the police and the search may be invalid. However, for a parole hearing and not a subsequent criminal case, the evidence may still be admissible.

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Answered on 4/08/04, 12:00 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: 24 hour parole search

This sounds to me like a probation search, not a parole search. Was your husband on probation for a prior offense? Most probationers are required to submit to searches and seizures of themselves or their property at any time.

Police are entitled to search such a probationer's home to see if it seems he is committing more crimes, and when a probationer is arrested there is often good reason to believe that a search of his home will yield evidence against him.

It's certainly not pleasant to see police searching through your home, but if your husband was on probation and if his terms of probation include a search and seizure provision, then the search was probably legal.

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Answered on 4/08/04, 2:03 pm


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