Legal Question in Criminal Law in California

Probation search

Can law enforcement enter and search a house that is being visited by an individual that happens to be a relative that's on probation even if that relative is standing outside the door of the house preparing to depart and it has been determined the other person police have contact with representing inhabitants of the home is not on probation with nothing outstanding on the books but is not a legal resident of the house and does not have the authority to grant access thus denying it? Can they still enter on suspicion that there is illegal activity occurring based upon a tip from a protected informant that is a known felon? In addition can they seize private property that cannot be linked to a crime in any way that they suspect is stolen and then claim a pending investigation to determine wether or not they want to link it to a crime at a later date. If so just how long do they have to conduct their so-called investigation. Can I request a receipt for an inventory of what I believe was illegally confiscated? Am I within my rights to make this request and demand my property be returned to me immediately?


Asked on 9/21/08, 5:08 pm

1 Answer from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: Probation search

Two parts to the question...can the police enter??? Problematic but not impossible as I don't know the conversation with occupants...???Can they seize each item????? Could be if Legally in the house and it's contraband...PC to believe stolen???? A probationer with search terms who is not a resident and not in the house won't do...a criminal informant might do IF reliability etc...is established...all very interesting issues for the motion to suppress...and return non-contraband.

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Answered on 9/21/08, 5:23 pm


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