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  1. #11
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Gave Up 4th Amendment Rights

    Either you misunderstood your attorney, or you need a new attorney. Or both.

  2. #12
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Gave Up 4th Amendment Rights

    If you are pulled over, the officer is going to run you. They may be advised that you are on probation. At that point, they will know you are probably subject to a 4th Waiver. The officer may also ask you, as part of routine, if you are on probation or parole.

    Without knowing your state, that is about all that can be offered is generalities.

  3. #13
    Join Date
    Sep 2015
    Posts
    27

    Default Re: Gave Up 4th Amendment Rights

    To my knowledge the 4th waiver is for forever. I will ask again when it's over. GA

    - - - Updated - - -

    But again even if it's forever, if I am not doing anything wrong...then its just an annoyance. I was just wondering how they know. Are you saying that 4th Amend waiver pops up while on probation, how bout when off?

    - - - Updated - - -

    Not driving on probation. A ticket= jail.

  4. #14
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Gave Up 4th Amendment Rights

    Quote Quoting ididntknow
    View Post
    I said the facts that were relevant to my ? Telling me that I told the cops too much is presumptuous and being an ass as well. The question again is simply this. I gave away my 4th amendment rights forever. Does that pertain to my parents home or can it pertain as you said to anywhere I live, and does this show up if and when cops pull me over? I am not really worried about it. The only reason one goes to jail is be/c they were doing something they should not have been doing or are some place they should not be. If the cops want to search my car without probable cause or a warrant, then all it really amounts to is an annoyance. I was just curious if it shows up when pulled over? But yes I pled guilty, am on probation, but those facts have nothing to do with my 4th amend rights being released forever.
    You calling ANYBODY else an ass is a tad foolish, given your decidedly ass-like responses in this thread. Pay your attorney to cater to your rudeness.

  5. #15
    Join Date
    Sep 2015
    Posts
    27

    Default Re: Gave Up 4th Amendment Rights

    So does anybody else NOT KNOW whether a 4th amendment waiver pops up if someone is not on probation. I guess this site is kind of a joke. I mean what would a successful attorney, an intelligent cop (oxymoron), or anyone with any knowledge other than a criminals be doing here.

  6. #16
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Gave Up 4th Amendment Rights

    Quote Quoting ididntknow
    View Post
    In order to avoid a felony, I gave up my 4th Amendment rights. What does this amount to? I realize the cops don't need a warrant to search my car or home. However, if my home is owned by my parents, does this still apply? Also if and when pulled over does this auto show up like a warrant does? Is this something the cops would have to do extra to look into. Please respond only with direct answers to questions. I do not need advice to seek counsel or obey the law. Thank you.
    What state are you in? Are you on probation or parole?

    In my state of CA the police could search your vehicles, any storage units you own, your possessions, and any residence you reside in. The parts of the residence they can search would include anywhere you have access to. if it were your own apartment, that would be everywhere. If it were your parents' home, they can search anyplace you could reasonably access and this might even include mom and dad's room if you can and do go in there.

    And, yes, if you are stopped by the police your supervised release status will probably show up if they run your name through the proper databases.

    - - - Updated - - -

    Quote Quoting ididntknow
    View Post
    I asked my attorney while in court if this applied to the terms of my probation, which is over soon or whether it was forever.
    Then I think your attorney misspoke, or you misheard. Probation is for a finite term. When that term is up, you are no longer bound by the terms of that probation.

    Now does this pop up like a warrant or does it pop up like ever Tom DICK and Harry who thinks they know everything and it amounts to nothing but an argument. Fine I dont get to say who responds, but the cops and the law are annoying enough, why add to the headache with asinine responses.
    Look, there is no perfect universal truth to the answer to this question. *IF* the officer runs your name, and *IF* the Dispatcher (or car computer) runs your name through the appropriate supervised release file, your probation status WILL appear. While it may not be tied to your CAR, if your name is on the registration they can run your name and find out it's you and that you are on probation with a 4th waiver.

    There's not a little emojicon with a red frowny face that appears on the officer's computer or wristwatch that informs him you are on probation if your name is run. It all depends on the database used to run your name.

    As well there would be no need to waive 4th amendment rights while on probation. That is redundant.
    No, it is not. In order to get search conditions on probation you need to waive your 4th Amendment protections. If you decline the waiver, the plea could be off the table and you can go to jail - or, prison, as the case may be.

    There is also GA case law that prohibits the search of a probationer or parolee who did NOT agree to such search conditions (i.e. a 4th Amendment waiver) as a condition of that probation (Jones v. State, 653 S.E.2d 456, 457-59 (Ga. 2007); Fox v. State, 527 S.E.2d 847, 849-51 (Ga. 2000); and others).

  7. #17
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Gave Up 4th Amendment Rights

    Look, you keep saying you signed a paper waiving your 4th amendment rights forever. Show us the paper. Post a copy of it redacting (look it up) any identifying information.

    If you're not willing to do that then just go away and leave us alone. We try to help people here and we don't need your ungrateful tripe in return.

  8. #18
    Join Date
    Sep 2015
    Posts
    27

    Default Re: Gave Up 4th Amendment Rights

    I don't have the paper. I appreciate all help. However name calling and insults which I did not start are not appreciated. I would appreciate it if whomever tries to help answer my question that they read everything in it's entirety. I don't know how many times I have stated that my scenario involves after probation is over.

    So again. I do not plan on driving on probation. When my probation is over, does a 4th amendment waiver pop up like a warrant does? I guess I could call the attorney and obtain this piece of paper, it just does not matter that much at the moment. My intention was curiosity over being pulled over when probation is over b/c I recall asking the attorney that exact question (duration of waiver). Maybe I misunderstood.

    My ungrateful tripe was instigated by others. There may not be a red emoticon, but there is an effortless posting on the screen that shows the officer that the person in question is on probation and or there are warrants.

  9. #19
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Gave Up 4th Amendment Rights

    ididntknow;910234]I don't have the paper. I appreciate all help. However name calling and insults which I did not start are not appreciated. I would appreciate it if whomever tries to help answer my question that they read everything in it's entirety. I don't know how many times I have stated that my scenario involves after probation is over.
    then you hire a lawyer and fight the requirement on cruel and unusual punishment as well as a violation of your civil rights without cause. Lifetime relinquishment, including time when you are neither a parolee or on probation, is simply not going to be upheld by the courts.

  10. #20
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Gave Up 4th Amendment Rights

    Quote Quoting ididntknow
    View Post
    I don't have the paper.
    It will be in your case file at the courthouse.

    Get it if you want any meaningful responses.

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