Legal Question in Criminal Law in California

Re: Search & Arrest

Whether I say yes or no, how will my internet answer help you in the slightest? You can't waive a copy of it at the DA. You need an attorney, in court, if you want legal help. Besides, probation and parole always have a waiver of search and seizure rights, so you have no defense to the search if you're on probation. You need to focus on defending the charge itself, and the probation violation that can be filed at the same time. Your facts suggest it might be 'dealt' out without much penalty, since it wasn't a narcotic or dangerous drug. Feel free to contact me if serious about getting legal help.

Re: Search & Arrest

Thanks for your posting. If the person being searched is on probation, there is, by caselaw, a "reduced expectation of privacy", in all cases, and in most other probation cases, even search and seizure terms in the plea itself. In those cases, a police can search without probable cause and without permission.

Re: Search & Arrest

Motrin...could, standing alone be a violation of probation irregardless of a a new case filing. (possession of C/S w/o prescription) Search issue can't be answered as I have no knowledge if the person was subject to a search waiver in the terms of probation...Hire Counsel to review the matter

DJM