Legal Question in Criminal Law in California
police office stopped my son outside of the gate where he presently reside. My son did not have driver license. The office asked my son whether or not he was on probation or parole. My son replied, I am on parole. The officer then says I have to search your home because if you are on parole, then you are a 4th waiver. My son's wife showed the officer when my son stayed at the night prior. They went in her bed room, searched the room and found some crystal meth and a few baggies. They charged my son with possession of a controlled substance for sale. Can they do that?
2 Answers from Attorneys
Yes, if consent to search was really a term of his parole.
Can they? Well, they did, didn't they? Yes, parole carries a 4th waiver. His attorney will use whatever facts, evidence and law exists in his favor to defend him, in Motions as applicable, plea bargaining or at trial. If serious about hiring counsel to do so, feel free to contact me.