Legal Question in Criminal Law in California

citizens rights violated re:probation of son

My friend has a son who has recently been released on a drug charge he didn't show up for the next drug test& approx. 1 week later after being in constant contact with my friend re: her son and his whereabouts, the probation officer came to her door and she let him in to search for her son, they discussed the fact he had not been around, just as they had by phone., a few days later after still being in telephone contact & not specifying any urgent situation, the police , probation officers, 6 in all come to my friends door in the middle of the night and pushed past to "search" her home as if they were looking for an extremely violent individual!(he has no history of violence, just a drug problem) my friend was not shown any paperwork, and was treated as if she were the criminal, they would not let her get her robe and threatened to shoot any dogs they happened upon. they claim he had a dirty test in reality he hadn't shown up for it so they had no test. the next day the probation officer called to give him a message, he has another court date. It seems odd after treating the incident as if itwere one of the top ten most wanted what are her rights dont they always have to show a warrant? can they treat my friend and her husband as if the are criminals?


Asked on 2/09/98, 12:22 am

1 Answer from Attorneys
Larry Bruce Larry B. Bruce Attorney At Law

Police need probable cause to search for arrestee?

When police have an arrest warrant for an personbefore they can force their way in to a houseseeking the person, they must have probablecause (fifty one percent certainty) that theperson is inside.

True fact is that police will do as they wishand too often lie about it afterward. Call me and tell me if you can figure out a system thatis not based on human beings under pressureto perform in their jobs. They give the policea stack of warrants and expect them to findthe people and arrest them.

Sorry I'm felling kind of cynical tonight. Theanswer to your question is that police neededprobable cause to invade the lady's house.The trick is proving that they did not havethe probable cause.

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Answered on 4/05/98, 3:38 am


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