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  1. #1
    Join Date
    Nov 2015
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    24

    Default Do Probation Searches Stop After You're Discharged from Probation

    My question involves police conduct in the State of: california

    my son was sentenced to 1 year of probation with a 4th waiver included (police could search without a warrant). The year was up over a couple of months ago.
    How are the police made aware that they cannot search without a warrant anymore? does the system automatically purge the details re the probation, or does my son
    have to petition the court to make law enforcement aware that probation is completed?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,780

    Default Re: Search Without a Warrant and Probation,

    If the police had a reason to search it seems to me that they would first do a criminal background check on your son and review the case file (which will always be available) that gave the date the probation period was completed.

    I don't think your son has to take any action but he's welcome to ask his attorney about it to make sure.

  3. #3
    Join Date
    Nov 2015
    Posts
    24

    Default Re: Search Without a Warrant and Probation,

    Thanks for the reply, but... assuming the probation was not over, and he would get pulled over on a traffic stop, wouldnt the officer see the active probation and 4th waiver? if so, then what happens when probation is over?

  4. #4
    Join Date
    Jul 2010
    Posts
    7,860

    Default Re: Search Without a Warrant and Probation,

    This sounds incredibly familiar. I'm pretty sure we beat this exact same horse to death a while back.

  5. #5
    Join Date
    Nov 2015
    Posts
    24

    Default Re: Search Without a Warrant and Probation,

    would like an answer nevertheless to my question: assuming the probation was not over, and he would get pulled over on a traffic stop, wouldnt the officer see the active probation and 4th waiver? if so, then what happens when probation is over?

    Hope to get an answer

  6. #6
    Join Date
    Mar 2013
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    17,780

    Default Re: Search Without a Warrant and Probation,

    Quote Quoting jeffdickey
    View Post
    would like an answer nevertheless to my question: assuming the probation was not over, and he would get pulled over on a traffic stop, wouldnt the officer see the active probation and 4th waiver? if so, then what happens when probation is over?
    If he gets pulled over for a traffic stop the officer will run him through the records and find the active probation.

    Then I suppose that the officer would have a choice of just citing him for the traffic violation or conducting the search for contraband without consent or warrant.

    I don't think an ordinary traffic ticket would be a violation of probation (though it could be depending on the terms of the probation) but if the officer found contraband and arrested your son the probation would be violated and he would face the new charges as well as the original penalty for which he was on probation which probably means jail on both counts.

    If he gets pulled over after the probation period, the officer will run his record and find that probation was over and will then need a warrant or consent to search the vehicle unless there are circumstances that eliminate the need for a warrant or consent.

    If the officer gets it wrong, then any evidence could potentially be suppressed.

    Again, these questions are best asked of your son's attorney in case I am not entirely accurate in my comments.

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Search Without a Warrant and Probation,

    Unless he has been formally released from probation by the court and it is required, he will continue to be on probation until infinity. He just has fulfilled the obligation to report monthly.

  8. #8
    Join Date
    Nov 2015
    Posts
    24

    Default Re: Search Without a Warrant and Probation,

    Disagreeable, I think you understand what my question is. Does my son have to notify the court,thru an attorney, that his 1 year probation is over, and thereby the court will formally release him from probation, and the attendant 4th waiver condition in the probation? Otherwise a police officer when running my son's dmv will see the probation as active, am I right?

  9. #9
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Search Without a Warrant and Probation,

    Just because he feels that his one year probation is over does not necessarily mean that he is off probation. There may be mandates that your son did not satisfy and had his probation extended. Your post is a smidgen confusing. One the original post says that his year was up a few months ago. That was followed by a scenario in which you allude to him still being active on paper. Which one is it?

  10. #10
    Join Date
    Nov 2015
    Posts
    24

    Default Re: Search Without a Warrant and Probation,

    I checked his court record this morning, and all it states is that 1 year probation from the last court hearing which was in late sept of 2014. No new entries since that last entry in late sept 2014. So therefore?

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