Legal Question in Criminal Law in California

Re: probation search

You have a few different issues going on. First, if one of the individuals who reside in the apartment is on searchable probation the Police can and will enter the home at any time they want to. Since your boyfriend's brother told the Police who he was and I am assuming he also told them at some point he was on probation or that they already knew that information they had ability to enter the interior of the home.

Although your boyfriend was in his own room and he is the only one with access to it, since he is also on probation which generally means searchable probation the Police can enter into his room. Now the facts as you have provided are without a lot of detail. It seems as though your thoughts are since they already had your boyfriend's brother detained and under control by having him handcuffed that they did not have any right to continue their search. If that is what you are asking, under the facts as you have provided them in my opinion the police were within their rights to continue searching the interior of the house. If your boyfriend was not on probation and he was the only one with access to the room then you would have an argument. However, in some instances it is a winning argument and in others it is not. It generally depends on the facts and why the Police were there in the first place. The fact that your boyfriend's probation is in another county does raise a couple of questions for me. However I doubt it would change anything. In order for it to have an effect it would really depend on some very specific circumstances and facts and in your question there is nothing that indicates those circumstances and facts are present. My questions would be along the lines of: How old is your boyfriend? when was he put on probation? Is his probation formal or informal? if you are not sure was it ever called something like court probation? What were the charges that led up to your boyfriend being placed on probation? Were the charges drug related? and what were the terms of your boyfriend's probation? These are some of the basic questions I would ask. Depending on the answers there may be some issues to look at but generally in these types of situations the search is found to be a good search. If your boyfriend was on formal probation from what you have described so far the Police were within their rights. However my advice to you is find out either exactly what happened and then find an attorney near you and arrange for a consultation. Explain the facts completely and get their opinion. I may be missing something from the question. Good luck