Legal Question in Criminal Law in North Carolina
I am on felony probation and subject to warrantless searches and drug testing upon request. I have kept all appointments with my probation officer and pasted all drug tests. The other day I just looked out and saw my drive way full of cops. There were two unmarked, probation I assume, approximately 10 county sheriff cars, two k-9 dogs and two SBI outside. They knocked but I didn't go to door. I never heard them say it was probation. They called my boyfriend several times, demanded he come home from work to let them in. They threatened to kick in door and call DSS to come get my kids. He did come let them in. I was scared, my kids were scared and crying, it was a very emotional and intimidating situation. My probation officer wasn't here and I didn't recognize any of them as probation officers. They didn't say it was probation. any of the four times the called my boyfriend either, they just told him they needed to talk to me. is it legal for them to bring all these other officers? When I asked for water to help me be able to give urine sample they refused.. I was unable to urinate for them so I got refusing drug test and not allowing search, which is two violations'.. My probation officer wan't here for any of that. can any probation officer conduct a search or request drug test? It is standard procedure for them call people asking where someone is and threating to kick in doors? There wasn't that many officers around when I got in trouble to begin with.
1 Answer from Attorneys
You're a convict - so, yes its probably all legal. If you want to put this criminal legal mess behind you, you need to realize something - after being convicted you lose / give up certain rights and people tend to look at you in a different light. Which means, after being convicted, not many people are going to sympathize with you for being scared, emotional or feeling intimidated - even if it is true, they will just assume you are a lying sneaky convict who is just making BS excuses. So to put this stuff behind you, first stop with the girly whining about being scared and can't pee because no one who matters is gonna care. What you should be doing is being more concerned about the legalities of what you did instead of what they did. Your failure to open the door was a big no no as was your failure to produce a sample. If they sent as many officers and dogs as you say - they weren't interested in a simple probation violation and you should be more concerned about whether they found what they were really looking for. You need to contact a local criminal attorney ASAP you also need to have a private drug test done ASAP so that if you are charged with violating probation or other new crimes you have something to say you were not using drugs. There may also be other things you can do proactively depending on your exact circumstances so that is why it is important to see an attorney now. Best of luck to you!
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