Legal Question in Criminal Law in California

''probation search'' of residence by local PD-legal???

My husband is on informal probation for a drug-related offense. Yesterday, the local police department demanded entry to my residence stating that they were doing a ''routine probation search'' of my husband, who was not home at the time. They ordered me to exit the premises and proceeded to search the entire apartment, asking me all kinds of questions about my husband at the same time. What is the legality of this, and can they subject me to this over and over again in the future???


Asked on 8/01/02, 7:44 am

2 Answers from Attorneys
Gary Olive Law Offices of Gary Olive

Re: ''probation search'' of residence by local PD-legal???

Yes probation searches are legal. However, what is not proper is for law enforcement to pressure you about your husband. I would say any questions to you other than does your husband still live here are improper. You should report this conduct in writing.

Good luck.

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Answered on 8/01/02, 9:39 am
David Diamond Diamond & Associates

Re: ''probation search'' of residence by local PD-legal???

Searching your home since your husband is on probation is normal. They really can't be asking you extra questions except "does your husband live here?" You should write down your complaints and forward them to the appropriate person.

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Answered on 8/01/02, 11:51 am


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