Legal Question in Criminal Law in California
homeowners IV admn rights when a parolee is present
when a parolee enteres a house, do the police have the right to warentless search of the premices when it is other than his home? when parolee was not wanted, by warrent..there were no drugs found. all were arrested for under the influence 2 were found clean dispite officers judgement to arrest and the other said her use was 21/2 days prior. was the entry and arrests legal.
1 Answer from Attorneys
Re: homeowners IV admn rights when a parolee is present
Police do not necessarily have the right to enter a dwelling and contact non-parolees they have no reason to believe are on parole or probation. They can contact a parolee without a warrant, but not everywhere. As to the admission of use, did the person admit to using in the county where the arrest took place? If so, the arrest seems lawful as to that person. More facts are necessary to give a more complete answer. E-mail me or call 805.648.5730 and we can discuss.
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