Legal Question in Criminal Law in California

police procedure

I am looking for WRITTEN information regarding the laws and rules associated with the police and parole searches. What rules and laws are the bound by. When are they in the wrong, property damage, searching areas that should not be searched without authorization, etc. I need to know where to find the WRITTEN laws.


Asked on 1/22/09, 5:51 pm

1 Answer from Attorneys

Brian McGinity McGinity Law Office

Re: police procedure

Your question needs to be more specific and needs to provide some facts surrounding the circumstances under which you want the information. You may not realize it but this can encompass a huge area of law. The 4th Amendment is about 54 words long. The last treatise I used to look up information regarding a search was six volumes in length. Some general thoughts are that a search conducted by law enforcement can be done under many different circumstances and they all require their own analysis. Parole Searches generally can be conducted any time, any where and under any circumstances, however without knowing what your talking about it is impossible to give you any real direction except that If someone is on Parole they are still considered to be legally in custody even though they are out of Prison and so there is no need for Probable cause or reasonable suspicion. Your Parole officer should have provided you with information regarding the searches that are conducted. There are also Probation searches and they are different from Parole searches but they also can be conducted under most circumstances and there does not need to be any probable cause or even reasonable suspicion if the person searched is on searchable probation. As to your statements regarding property damage and areas that should not be searched without authorization, again that depends on the circumstances and what you mean by authorization. If you want to know about a specific situation, write down the facts as best you remember them. Then find a criminal defense attorney and pay for about an hour of his or her time and they may be able to provide you with some specifics regarding the situation you have in mind. Good Luck

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Answered on 1/22/09, 7:19 pm


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