Is the sheriff allowed to come into someones home and wake them up out of bed and arrest them for under the influance? This happened in california i belive the police call it an 11-550.
Is the sheriff allowed to come into someones home and wake them up out of bed and arrest them for under the influance? This happened in california i belive the police call it an 11-550.
Can you provide the context?
H&S 11550 is being under the influence of a controlled substance. I doubt they would just pick your door at random, force their way in, and arrest you for this. So ... how exactly did you come to the attention of the police?
- Carl
So heres A quick version of how it went down- my boyfriend, myself, & a friend of ours were at home my boyfriend & his buddy went outside. The sheriff's came walking up from down the street and said that they were there looking for "Brad" my boyfriend told them that Brad wasn't here. They asked my boyfriend some questions and ended up warrent checking him. They asked him if he was on probation & he told them no, turns out he is. Reason he said he wasn't is because when he was released from jail he never recieved a letter or notice from probation, he's called down there a couple times and they kept telling him he didn't have a probation officer. So they warrent check him and leave. We end up leaving a few minutes later & go to town. When we get to town here comes our friend "Brad" and I start yelling at him about the cops coming to our house looking for him, as this is taking place the two sheriff's that were just at my house looking for him drive right by us. I mean there is no way that they didnt see us. Well they just drive right by "Brad" & don't stop. So we go eat dinner & go home. We get home at about 11:00 and my boyfriend falls asleep & I was getting in the shower at about 11:30 theres a pounding at the front door so I ask who is it- "Sheriff's dept probation search" I open up the door & they tell me since my boyfriend lied to them about being on probation there going to come in & do a probation search. they come in wake my boyfriend up make him stand outside on the deck and rip apart MY house. Long story short they take my boyfriend to jail for a 11-550 under the influance. and turns out Brad had court the next mornging and he didnt have a warrent to begain with. dont know if that matters or not, just thought you should know.
He's on probation, and was presumably subject to search as a term of his probation. His probation likely also prohibits him from using controlled substance, or at least prohibits him from engaging in additional criminal conduct (such as the use of controlled substances).
when I hear being under the influance, of anything, I think of someone who's out on the street drunk or on drugs not someone who's at home in bed asleep. isn't there some kind of rule that you've got to be out in public or outside? And how about someone who's not on probation, say you didn't do any illeagal drugs that day or even the day befor if they take you down and draw you'r blood it's still gonna come up dirty and you haven't even done any that day. How is that fair? I mean they shouldn't be allowed to do that.
You lose a lot of rights when you are on probation. Most people choose it over being incarcerated, but if your boyfriend really finds the terms of his probation that offensive he can ask to serve out his sentence in jail.
That would be true with the offense of public intoxication, but it is NOT the case with being under the influence. One cannot legally be under the influence of an illicit drug (well, most illicit drugs) even in the privacy of one's own home.Quoting ISUM'S
Nope. See above.isn't there some kind of rule that you've got to be out in public or outside?
Unless they have probable cause to arrest and test you, someone who is not on probation is NOT going to get tested.And how about someone who's not on probation, say you didn't do any illeagal drugs that day or even the day befor if they take you down and draw you'r blood it's still gonna come up dirty and you haven't even done any that day. How is that fair? I mean they shouldn't be allowed to do that.
Even if you were, the chances are that using three days earlier is not going to result in a "hit" above the minimum concentration necessary to substantiate the charge of being under the influence.
- Carl