How do i stop a sherriff from coming to my home weekly to harrass me

Asked about 1 year ago - Hemet, CA

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I am on summery probation. On 3/31/12 sherriff came to my home said probation check, no papers or p.o. they found a controlled substance. I went to jail for possession. I was bailed two days later. The same sherriff has been back every week since, three more times total. He has just walked in without even knocking. He searches my room and any guests that happen to be there. every time He tells me hI will see him every week for the rest of my life until he can bury me in prison. What are my rights what can I do?

Attorney answers (2)

  1. Pro

    Contributor Level 20

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    Lawyers agree

    Answered May 01, 2012 15:53. You most probably gave up your 4th amendment rights to get probation. That means the sheriff can search you, your home, your auto and your possessions 24/7 with or without probable cause. It doesn't help they he found dope on his first visit.

  2. Contributor Level 19

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    Lawyer agrees

    1

    Answered May 01, 2012 16:02. I'm assuming that you have a search clause as a term in your probation. If so, this officer can search you any time he likes. Therefore, you better not keep any contraband on you, your vehicle, or your house until you are off probation. However, he has no right to search you in a harassing manner or for arbitrary and capricious purposes. He also has no right to search your guests, other than possibly to pat them down for weapons. Your guests can sue him for that and you can also sue him for violating your Fourth Amendment rights if the manner in which he is searching you is harassing, unreasonable, arbitrary, and capricious. Whether you can win such a suit and whether it would be worth your trouble for doing so are other questions for you to perhaps discuss with a local civil rights attorney. Good luck to you.

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