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  1. #1
    Join Date
    Jan 2009
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    Default Police Officer Entry Into Parolee's Home

    My question involves police conduct in the State of: California

    Are Police Officers allowed to use a parolee's keys to get into a house, if he is arrested and sitting in the back of the police car, where he only rents a room and if no one is home? What are they allowed to search if he's a fourth waiver?

  2. #2
    Join Date
    Sep 2005
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    California
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    Default Re: Police Officer Actions

    Quote Quoting JUMPER1432
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    My question involves police conduct in the State of: California

    Are Police Officers allowed to use a parolee's keys to get into a house, if he is arrested and sitting in the back of the police car, where he only rents a room and if no one is home? What are they allowed to search if he's a fourth waiver?
    The answer is ... maybe.

    Was he arrested? Or was he detained while they conducted a search?

    If he was already arrested, then an argument can be made that no legitimate purpose was served by entering his residence and that any entry would have to be made pursuant to consent or a warrant.

    If the search was pursuant to consent or a parole search while the parolee was detained, then the police could enter and search any common area or area of the premises where the parolee had ready access. There are some limitations, and the details will change based on what was found where and in whose room.

    Consult local counsel.

    - Carl

  3. #3
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    Sep 2005
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    Default Re: Police Officer Actions

    Jumper1432 seems to be stating that the parolee waived any Fourth Amendment rights as a condition of parole, authorizing the police to search his home at will.

  4. #4
    Join Date
    Sep 2005
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    California
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    Default Re: Police Officer Actions

    Quote Quoting Mr. Knowitall
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    Jumper1432 seems to be stating that the parolee waived any Fourth Amendment rights as a condition of parole, authorizing the police to search his home at will.
    Correct. But, I recall a court case addressing this a few years back ... though it dealt with probationers. The issue was that since the 4th waiver was to help the probationer/parolee keep on the straight and narrow and abide by the conditions of his or her release, once he or she is arrested, that necessity ceases to exist and any entry AFTER an arrest is unlawful.

    I'll try and look for the case, but I'm at home and most my good stuff is at the office.

    - Carl

  5. #5
    Join Date
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    Default Re: Police Officer Entry Into Parolee's Home

    Okay ... apparently I am recalling an older case, here is one from 2006 that WOULD apparently authorize the search:

    A parolee need not be present during the search of his property or premises. (Veronica (1980) 107 Cal.App.3d 906, 910; Byrd (1974) 38 Cal.App.3d 941, 949.) He may, in fact, be in custody. (Hunter (2006) 140 Cal.App.4th 1147 [returned to prison on parole hold]; Johnson (1988) 47 Cal.3d 576, 595 [in jail on new crime].) The search condition remains in effect until either (1) parole is formally revoked in a due process hearing (Hunter (2006) 140 Cal.App.4th 1147) or (2) the parolee is discharged from parole (Willis (2002) 28 Cal.4th 22).

    While parolee was in custody on a parole violation, officer searched his storage unit in connection with a residential burglary investigation. Parole had not been revoked at the time of the search. HELD: The warrantless search was valid. The parole search condition remained in effect until formal revocation proceedings. (Hunter (2006) 140 Cal.App.4th 1147.)

    So, it seems the search might be good in any event.

    - Carl

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