Legal Question in Criminal Law in California

can sheriff officer enter a home under the guise of doing a standard probation search without a probation officer present. sheriffs called probation dept to verify a homeless female was on felony probation but no mention in discovery or by probation dept that this female lived at my address. we are not on probation the sheriffs found nothing a probationer lived here but found drugs so went and got a search warrant 4 hrs afterwards. i have not seen 1 stitch of paper in discovery that any probationer lived at my address i believe the sheriffs circumvented the 4th by pretexting a probation search and foregoing their investigation into a possible marijuana grow at my residence


Asked on 1/13/23, 8:19 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The law governing probation searches is surprisingly nuanced, and a lot depends on the details of any particular search. The limited info you have provided suggests that this was an improper search, but I would need to know much more about it before I could say one way or the other.

Read more
Answered on 2/06/23, 4:08 pm


Related Questions & Answers

More Criminal Law questions and answers in California