My boyfriend who is on Probation went to jail a week ago yesterday morning cops came to my door barged in did a Probation search

Asked 10 months ago - Antioch, CA

Are they by law allowed to do that with no search warrant while he's already in jail?

Attorney answers (5)

  1. Andrew Stephen Roberts

    Pro

    Contributor Level 20

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    Answered . Not if is already in custody.

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
  2. Daniel R Perlman

    Pro

    Contributor Level 13

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    Best Answer
    chosen by asker

    Answered . They can claim that they were operating on the best information they had, which was probably a list generated more than a week prior if he is in custody in the same state/county? If so, they may be liable for an illegal entry for failure to observe due dilligence in verifying the probationee was not already picked up.

  3. Greg Thomas Hill

    Contributor Level 20

    5

    Lawyers agree

    2

    Answered . It sounds like the police made a mistake. Did they find anything?

  4. Michael Stewart Phillips

    Contributor Level 14

    5

    Lawyers agree

    Answered . Probably not. Sounds like they didn't know he was in custody. What do you want to do about it, sue them? What are your damages?

  5. Amy Randall Schroder

    Pro

    Contributor Level 5

    1

    Lawyer agrees

    Answered . If the officers were not informed that your boyfriend was in custody, it's unlikely you have an argument that they acted unlawfully. If he had been in custody for a significant amount of time (definitely longer than a week) you might have a better position. Sorry.

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