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  1. #1

    Default What Must The Police Do To Search Your Room While On Probation in California

    California

    I am on 4th waiver because of informal probation and although i complained of harrassment on my local police department they are still randomly searching me wherever i go(total harassment im real sick of it but nothing is getting done) thank goodness i know my rights and havent told them where i live.. But JUST IN CASE THEY DO, find out where i live - i have some burning questions...

    anyways down to my question, can they just bust down my home's front door and search my room at any time or is it a bit more complicated for them to gain entry and search my room? how does it work. i am aware i can be searche any time any place with or without cause, but i am unaware their procedure for gaining entry to my home. i rent a room.

    heres an example, say I rent a room inside a house. Can the land lord say he doesnt want them inside ? Can they just barge in anyways and break down his front door if he refuses? Im curious how this aspect works. IF the landlord refuses their search, do they ahve to get a warrant or are they allowed by law to use force since im on a 4th waiver? i just want to know how exactly the law works and if they can just barge in w/o the landlords permission.

    are there any technicalities or rules to 4th waiver procedure/law that most don't know about? or that I dont know about? any information appreciated, it really sucks having your 4th rights stripped from you. thanks

  2. #2
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    Default Re: What Must The Police Do To Search Your Room While On Probation in California

    If you refuse entry? It's hard to guess whether they would try to force the issue, or seek a warrant. But here's a given - your refusal would constitute a probation violation.

  3. #3

    Default Re: What Must The Police Do To Search Your Room While On Probation in California

    NOOO NOT ME MY LANDLORD REFUSES TO LET THEM IN!

    Read again really carefully. The situation is, I am inside my room safe and secure. Im on a 4th waiver but my landlord doesnt want them in the house

    does the landlord have the right to refuse them entry and/or say im not home...


    professional answers appreciated

  4. #4
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    Default Re: What Must The Police Do To Search Your Room While On Probation in California

    I was answering your general question, not your "example", which I find far fetched. If your landlord did indeed decide not to let the police or probation officer enter, I suspect that your probation officer would seek to hold you responsible for their inability to conduct the search. If this is a real possibility, talk to your probation officer before it happens.

  5. #5
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    Default Re: What Must The Police Do To Search Your Room While On Probation in California

    Quote Quoting kinesis
    thank goodness i know my rights and havent told them where i live..
    Everywhere else in CA but your county, that would be enough to get you remanded back into custody!! You must live in Pollyanna land where the probation department doesn't care to keep track of their probationers.

    heres an example, say I rent a room inside a house. Can the land lord say he doesnt want them inside ? Can they just barge in anyways and break down his front door if he refuses?
    Maybe ... it depends. If they are not permitted access to your residence and the common areas inside of it, then YOU can be violated.

    it really sucks having your 4th rights stripped from you. thanks
    You can always go back to jail so that when you get out you have no more probation time to serve. This is what happens when you commit a crime.

    Probation is NOT a "right" - it is a privilege.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  6. #6

    Unhappy Re: What Must The Police Do To Search Your Room While On Probation in California

    right and 4th waiver abuse is very common . although it allows search at any time or place, it doesnt allow for harassment or abuse. like today i was randomly approached AGAIN second time in a month this time was a more elaborate trick they used to get around harassment accusations. i cant get into that case here though, i'll let the ACLU help me deal with this one.

    cops searched my place today and damaged some property of mine in their vindictive and harassing search, i have formally asked them to stop their harassing searches now i have to get the ACLU involved. I dont mind searches because I have nothing illegal but they are using my 4th against me. its pretty uncommon for me to hear of people on INFORMAL probation getting harassed in this fashion. They were trying to convince me i had a probation officer and I DO NOT. State courts mandate informal probation. now ive got another problem on my hands, i have to replace the item and get an itemized receipt for a claim. i have no witnesses but its my word vs his... I HATE PIGS

    They also tried to scare me into thinking medicinal marijuana is illegal(like they always do), and I told them about http://www.safeaccessnow.org/downloa...vtilehkooh.pdf
    the case that ruled: Section 11362.5 is a defense to probation revocation and informed them that I will continue using medicinal marijuana under care of my physician. Needless to say, they were pretty tickled. People on INFORMAL PROBATION rarely get harassed from my knowledge, unless some cops want to pick on them ... I guess I'm the cops' b*tch now until I sort this out with the ACLU when their office opens on monday

  7. #7

    Default Re: What Must The Police Do To Search Your Room While On Probation in California

    i am highly upset about the damaged property.. what can i do? i took a picture of itand i havent touched it, its just sitting where it was found

  8. #8
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    Default Re: What Must The Police Do To Search Your Room While On Probation in California

    Make a claim to the agency whose officer's allegedly did the damage.

    Being searched for a second time in a month is NOT going to be considered harassment by ANY court. Twice in the same day by the same officer for no apparent reason MIGHT be sufficient ... maybe.

    And if you recall, when you accepted the terms of probation, you were told that you can be searched at any time with OR WITHOUT cause.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  9. #9

    Default Re: What Must The Police Do To Search Your Room While On Probation in California

    yes but not in a harassing manner that damaged my property. this is total harassment theyve found nothing in their 3 searches, theyve damaged property and left messes. like i said its legal to be searched sure but i totally downright feel harassed by corrupt pigs and i dont know what to do

  10. #10

    Default Re: What Must The Police Do To Search Your Room While On Probation in California

    also i demanded that i be present during the search and they wouldnt let me.... is that legal? I had a strong feeling something was going to get damaged.

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