Legal Question in Criminal Law in California

My son was stopped by SDPD a week ago, the officer found out that he was on parole, so the officer took my son to a resident that my son allegely resides and search the house. The officer found 2 grams of crystal meth and a few baggies. He arrested my son for possession for sales, is this legal?


Asked on 9/14/10, 10:34 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

If your son is on parole, law enforcement can search his home any time.

However, search & seizure issues are very fact-specific. For example, if the officer stopped your son without a valid reason, that would be illegal, and the fact that the officer subsequently found out he was on parole would be "fruit of the poisonous tree" that could not be used to justify the search of his home.

An attorney would have to review all of the police reports and other evidence to determine whether thiq particular search was legal.

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Answered on 9/19/10, 10:52 pm


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