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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

Antioch, CA |

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

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Attorney answers 5

Best Answer
Posted

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.

Asker

Posted

Even if theh found something

Posted

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?

Posted

Not if is already in custody.

ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY

Posted

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

Asker

Posted

Ive been staying in.hotel.for about a year they came.to.door said probation search told them hes in jail room not in his name here Aske d'i ffvv they had search

Asker

Posted

Sorry do from phone did not mean to post asked if had search warrent said they dont need one Barged in i step out to talk to manager they took.printer laptoptablets Found a pipe and papers That had illegal on them sai d'i dont w nt cps involved

Asker

Posted

I have never been in trouble and really dont know whats going on today a Sheriff drove by but stop in front of room clearly me out should i call leave it alone call Probation

Posted

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.