Legal Question in Criminal Law in California

If I am not on probation can the police do a probation search at my house?

My boy friend, who is on probation, was pulled over after he left my house where we had met for luch. the cops found out he was on probation and proceeded to search his car. Nothing was illegal was found and they told him they were gonna go back to his house, which in fact they were talking about my house. He dose't reside with me nor am I on probation. He told they this is not his home and he lived with his sister at a different address, even his licsense says his address on it. now they disregarded that knocked on my door and told me that they were here to conduct a legal probation search. I told them that he didn't live with me and they told me I had no choice because they belived that he stayed here and was lying about his address. Which in fact is a bunch of crap. They searched my house and my boyfreind and I were both arrested for less than a gram of pot. Now is this a legal search?


Asked on 2/14/06, 5:24 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: If I am not on probation can the police do a probation search at my house?

I don't beleive it is a legal search. Just because your BF visited you, it doesn't mean you are subject to search. It's no different than going to Macy's to shop for clothes. The cops can't then seach a department store. This is ridiculous. I would suggest getting a lawyer to review the case, plead not guilty and bring a motion to suppress the evidence from the illegal search. Good luck.

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Answered on 2/14/06, 5:40 pm


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