Results 1 to 5 of 5
  1. #1
    Join Date
    Nov 2016
    Posts
    8

    Default Fourth Amendment Rights and Probation Searches

    My question involves criminal law for the state of: Michigan

    So a friend of mine told me I could do acid and shrooms on probation, and I made the stupid mistake of buying some. On the way home from getting them I accidentally ran a stop sign and was pulled over. I gave him my ID, and before he came back a second patrol car showed up. He had me step out of the car and asked if he could search the vehicle. I said that there was no reason for him to search and given my fourth amendment rights, I didn't give him consent to search. Then he told me that since I'm on probation, he can search it anyway. In the past I had been tricked by cops to give incriminating information, so I still said he did not have my permission. He had me go wait next to the second cop while he tried to get ahold of my PO, which I assume he wasn't able to. Then he told me that if I didn't give permission, he would arrest me for obstruction and search it anyway.

    Because of this I admitted to the drugs and told him where they were. While he searched the car, the second officer offered to let me sit in his patrol car since it was so cold outside. The two officers stood next to my car and talked for a good 10 minutes before the second one came to the patrol car, opened the door and said "be nice to him, because I talked him into not taking you to jail." I talked to the first cop and explained to him what some over-the-counter pills he found were. Then he told me to call my PO first thing in the morning and tell him what happened so he heard it first from me instead of the report. He let me go home, and I wasn't given any paperwork or tickets for both the drug possession or the traffic violation.

    There was a total of 7 acid tabs and 2 grams of mushrooms.

    The very next day I hired my lawyer to handle the case. Since then he's been checking every week to see if the incident had been reported yet and so far nothing has been. It's been exactly 24 days since the incident now.

    So I have a few questions about this:

    1) do you really lose fourth amendment rights that protect you from unwarranted searches while on probation; and if so why did the officer push so hard for my consent before searching?

    2) Could I really have been arrested for obstruction for denying consent; and if not, was it illegal for the officer to lie about it?

    3) how long would it normally take for a report like this to go through?

    4) Above all else, is there something during this incident that the officers did that broke the law? If so, did they suggest that I tell my probation officer about it ASAP simply so that I'd end up with a probation violation without them having to write a report?

    Please understand that I KNOW the choices I made were irresponsible and stupid for somebody in my position, obviously if I could "go back" and stop myself from buying the drugs I would. I'm not posting this in the hopes of getting replies telling me that. I simply want to know if any of my rights were violated, and if I should expect to go to court for this.

  2. #2
    Join Date
    Jan 2012
    Posts
    20

    Default Re: Fourth Amendment and Probation

    cops can trick you its allowed. I think you lose your right to privacy if you are paroled but your 5th is protected as well as many rights but a parole officer can come into your apartment car or whatever whenever they want as far as I have read. that doesn't mean they can put a camera in your bathroom and watch you shower or do anything to FORCE you to communicate anything if they threaten you to do that they are not correctly following the law. so you should try not to tell them anything and if they give you the third degree then you are gonna suffer I have the problem with some of them not following that part of things and hell is gonna pay when there time comes for violating and harassing me into talking about what I don't want too but they will try and make you with threats and coercion like they have done with me

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Fourth Amendment and Probation

    When you are on probation/parole you typically waive some of your constitutional rights. One of the common conditions to which you agree is that the cops can search you at any time without the need for probable cause or a warrant. States implement this in different ways. It may be that in your state you agreed to consent to any search requested by a law enforcement officer and that a refusal to consent would violate your probation. Your lawyer can explain just how it works given the exact terms of your probation. It is also sometimes a term of probation that you must inform your PO of any contact with law enforcement and/or any new charges against you. If that is the case, then the failure to promptly report this matter to your PO would be a separate probation violation in addition to being caught with illegal drugs. When you are on probation you really need to know by heart all of your terms of probation and follow them carefully or you may trip up and violate probation just because you didn’t know about some condition of your probation. Ask your lawyer about any terms of probation you do not understand. It is really important you know what those are.

    There is nothing in your post that suggests the cops violated your rights in any way.

  4. #4
    Join Date
    Nov 2016
    Posts
    8

    Default Re: Fourth Amendment and Probation

    Thanks for the info

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Fourth Amendment Rights and Probation Searches

    1) do you really lose fourth amendment rights that protect you from unwarranted searches while on probation; and if so why did the officer push so hard for my consent before searching?
    Read the terms of your probation. I suspect your rights in question have been suspended due to your probation.

    2) Could I really have been arrested for obstruction for denying consent; and if not, was it illegal for the officer to lie about it?
    not legitimately.

    3) how long would it normally take for a report like this to go through?
    there is no typical. It will depend on many factors but could be a matter of days or a matter of months.

    4) Above all else, is there something during this incident that the officers did that broke the law? If so, did they suggest that I tell my probation officer about it ASAP simply so that I'd end up with a probation violation without them having to write a report?
    nothing jumps out at me. Your attorney, who is privy to the facts involved, would be your best place to inquire.

    Please understand that I KNOW the choices I made were irresponsible and stupid for somebody in my position, obviously if I could "go back" and stop myself from buying the drugs I would. I'm not posting this in the hopes of getting replies telling me that. I simply want to know if any of my rights were violated, and if I should expect to go to court for this.
    what you seem to be missing is this is a guaranteed violation of your probation. It is absolute grounds to revoke your probation. That means not only do you have the possible new drug crimes to be concerned with, your probation violation is also a probability.

    1. Sponsored Links
       

Similar Threads

  1. Probation and Parole: What Does it Mean to Waive Your Fourth Amendment Rights
    By ididntknow in forum Probation, Parole and Incarceration
    Replies: 57
    Last Post: 09-13-2015, 03:28 PM
  2. Police Conduct: My Fourth Amendment Rights Were Violated - What Can I Do About It
    By iwantimmunity in forum Police Investigations
    Replies: 27
    Last Post: 08-16-2012, 06:00 PM
  3. Search and Seizure: Vehicle Searches and the Fourth Amendment
    By treat54 in forum Criminal Procedure
    Replies: 9
    Last Post: 07-22-2008, 02:07 AM
  4. Fourth Amendment Rights
    By Rex39 in forum Police Investigations
    Replies: 4
    Last Post: 09-02-2007, 12:25 AM
  5. Search and Seizure: Fourth Amendment Rights
    By sfas in forum Criminal Procedure
    Replies: 1
    Last Post: 07-06-2005, 07:52 PM
 
 
Sponsored Links

Legal Help, Information and Resources