Legal Question in Real Estate Law in California
May 25, 2012 Alright so I was at school then i get called in to the school cops office because someone said they had seen me with a taser on school campus which is definitley not true, Alright so first he starts interrogating me saying if i don't tell him where it is he will throw me in juvenile hall.. then i told him the truth, i have it at my house but i never brought it to school.. Then after he asks for me to give up my Iphone 4s to him, it has a password on it then he threatened me to give it up to him.. so i tell him my passcode and i have a lot of private things in there with my girlfriend, friends wanting to do stuff after school so suddenly he has probation search, he asks for my house adress and i tell him.. Which i don't think i was on probation at that time but then he handcuffs me and takes me in the back of the cop car.. then he tells me to show him where i live and i showed him. Then he asked me "Is this your house", "Is Anybody home", "I will do a probation search for that taser that kids said they've seen you walking around school campus with" so then he makes me open the door to my house without a search warrant and without a parent consent, at first i didn't know he was actually violating my rights until after so then i show him where my room is and he starts going through everything and messing everything up, my bed sheets, my clothes like everything scattered around like he didn't care he just wanted to get me expelled.. So then he asks me where the taser is and i show him and he takes it.. and leaves everything all messy, then i have a little canvas on my door where me and my friends like to sign so my other friends know that they have been here and he takes a picture of it and says boy your in big trouble, thats a lot of graffiti. Im like okay? So then he handcuffs me again and takes me back to school campus along with a taser and a picture of my canvas, then the school principal comes in the office and talks to me saying a few kids saw me with a taser the other day, so i was like okay first of all i never brought a taser to school i have no idea who told you that but thats definitley wrong. Then he takes me to his office writes me a document to expell me from the school district and calls my dad saying i brought a taser to school and he hands the phone to my dad and says yeah we have just done a probation search at your house and my dad totally flips out! saying you didnt have the right to do that, you know you violated my sons rights! And my dad asked him if he had a search warrant and the cop said no but it was suspicious activity that other kids were involved in or something and my dad asked him again why didn't you gave me a consent before searching my house? you can't just do that! and the cop was just like yeah your son is in big trouble right now and the cop just hands the phone back to the principal and my dad is just flipping out and the principal says sir we need you to come down to sign some papers for your sons expulsions.. and my dad couldnt make it so i had to walk home.. But anyways I have a very big feeling he violated my rights, and also he still has my Iphone 4's until this day october 28th 2012.. will i be able to get my phone back? Because it was the only phone i have and will have, i had spent all of my birthday money on that phone just for it to be taken and never given back, also why hasn't the court gave me a call yet? If so are they still investigating? Because it has been 5 months and i havent gotten a call yet, please let me know! I would really appreciate it.
1 Answer from Attorneys
If you are on probation, (1) you may have consented to searches without warrants as a condition of your probation, and (2) you were probably represented by an attorney at your trial, quite likely a public defender, and that's who can answer your question.
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