Legal Question in Criminal Law in California

Out of County Parole Search

In June officers from from an out of county PD forced entry into a friends apartment yelling ''Parole Agent serving a parole search!'' There were other people in his home at the time of the search one of which had a personal bag that ended up having drugs in it. This guy didn't claim the bag when the cops asked who it belonged to. Since no one claimed it they said my friend was ''the winner'' & put it on him. Back in Jan his parole officer said he would discharge him in May (his 2nd yr of a 3yr parole sentence) for doing so well & finding a great job, but apparantly he's still on active parole. The cops didn't tell his PO they were coming and called during the search to double check his parole status & learned that his PO was actually on vacation. Then they called the local PD to inform them of the search & request a transport charging my friend w/ parole violation & poss. of sales.Can an out of county PD do a search w/out informing or having any local represntative?What about the police falsely claiming to be PO's while his PO was away on vacation? Did they do that because his PO should've been there?The PO clerk added a report to his case file like they were there,but it has errors & is lil different from the PD's report.


Asked on 9/13/06, 5:21 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Out of County Parole Search

And the answers to your questions are going to do you or him what good? Telling you it was, or wasn't, properly done is not going to solve his problem. He needs counsel to represent him unless he is capable of doing so himself, which is clearly not suggested by your need to seek information. Counsel will use the facts and evidence to make all the appropriate motions in court to supress evidence and defend the charges. Only after a complete review of the facts, police reports, evidence logs, charging documents, etc., will an attorney be able to give an opinion of value. Feel free to contact me if interested in doing this right, and if the case in SoCal courts.

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Answered on 9/14/06, 1:46 pm


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