Legal Question in Criminal Law in California

Searching of a minor child without probale case

How do I find out the laws relating to Fresno, CA to the codes that allows a police officer to search a minor child (14), find a small amount of pot on him and then bring him home and search his room, all without the consent or knowledge of his parents. Also what are the rules of police officers calling children stupid, idiot, dummy and keeping him handcuffed while in his own home? Also there was naother hcild with him that also had pot and told the police that my son sold it to him, (non of the pot was more than a small bud), but I know for a fact that it is the other way around. I have had my son arrested for possesion myself, and I have him drug tested regular and he has not tested positive for over 6 months (yes I took him in tonight and had another test). I don't feel the police had to right to just stop my son walking down the street and search him, handcuff him, bring him home, and search his room without an adult being here (they were aware that my mother was on her way over because I was unreachable). Please answer soon for I have to deal with the police tomorrow.

Thanks


Asked on 10/15/00, 12:07 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Searching of a minor child without probale case

Search and siezure conduct by police officers is governed by the Calfornia and U.S. constitutions. The rules are the same throughout the state.

Your statement that you had your son arrested may be the key to the situation. Your son may be on probation as a result of his arrest for possession. Search without the need to obtain a warrant is a common condition of probation.

You should contact an attorney with criminal defense in the Fresno area, and discuss the facts of your case.

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Answered on 11/09/00, 2:49 pm


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