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Undue Police Attention While on Probation

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  • 05-30-2010, 02:25 PM
    iltos
    Undue Police Attention While on Probation
    My question involves criminal law for the state of: CA

    To get an idea WHY this question matters, see this post of mine....it's the same 21 year old kid.

    He was arrested (in San Diego county) and served 6 months for possession and intent to sell....released in October with 5 years (i think) of probation.

    He was told that his probation would be transferred to LA county, but to date, nothing has come of that.

    Still, the room in the house where he lives was searched about two months ago by the local police, who were polite, thorough, and found nothing. Prior to posting here, I tried to get the probation documents for review: my friend claims they've been missing since the search (can't corroborate this, and am frankly skeptical -the kid doesn't really want to deal with "authorities", and is a bit of an airhead when it comes to his post imprisonment....he's legal and working, but isn't taking his SITUATION -the fact that he's not a fully entitled citizen- real seriously, imo)

    The link (at the start of this post) to the latest search of his car is what prompted this post: he's paying some monthly amount for probation, but isn't getting any...which in this particular situation amounts to not having ANYONE in the system he can talk to when the police take his stuff and don't even bother giving him a reciept.

    So...is there an avenue for him to get some resolution about his (non-existant) probation officer? Shouldn't he have one? (he was supposed to) Would it be reasonable to expect a probation officer to intervene in a situation like the one described in the link?

    This entire thing makes me angry :mad:
  • 05-30-2010, 05:55 PM
    Mr. Knowitall
    Re: Adrift in the System
    You don't know the full facts of his situation and you're not sure if he's being straight with you.

    If he's on formal probation, which I'm sure he is if he's a convicted drug dealer, he has a probation officer. At a bare minimum, he can always contact the probation department for a copy of his paperwork and to clarify the terms of his probation.

    You would expect his probation officer to intervene in a police investigation? To what end?
  • 05-30-2010, 06:17 PM
    iltos
    Re: Adrift in the System
    Quote:

    Quoting Mr. Knowitall
    View Post
    You don't know the full facts of his situation and you're not sure if he's being straight with you.

    I didn't mean to imply either....wrt to the former, i pretty much posted the full facts of his situation vis a vis the situation that i posted....he doesn't touch drugs -for any reason- and he's got a job. As to the latter what I tried to convey is that he's not paying attention; that he has issues with authority and hasn't pursued the fact that he is SUPPOSED to have a probation officer in LA county....but all he gets is a bill each month to pay the fee.

    Quote:

    If he's on formal probation, which I'm sure he is if he's a convicted drug dealer, he has a probation officer.
    it maybe that he's on informal probation, but nobody has informed of the change: he was told his probation would be transferred to LA county back in October...and that's been the end of it (except for the monthly payment).

    Quote:

    At a bare minimum, he can always contact the probation department for a copy of his paperwork and to clarify the terms of his probation.
    makes complete sense....thanks

    Quote:

    You would expect his probation officer to intervene in a police investigation? To what end?
    I have no idea, and I'm pretty ignorant about this whole thing....but I read somewhere that a probation officer has to authorize a probation search, so I would assume that the police would have something to show their authority in acting for the probation department.....if I'm wrong, so be it.
    To me, however, that is the lesser of the two issues
    Re: the other issue about the search, posted in the "Seizure" forum, I've never heard of rounding up evidence without some sort of receipt...particularly where there's no arrest.....but again, I don't know anything about the legal end of it, besides the circumstances just seeming like harrassment.
    Plus, if he's supposed to notify his probation officer after a run in with the law, who is he supposed to tell?
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