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  1. #1

    Default MIP on Probation

    I am from the state of CALIFORNIA. I am currently about 5 months into a 36 month period of summary probation over a past misdemeanor vandalism charge, and I received a Minor in Possession ticket a couple nights ago.

    I have two questions:

    (1) Will the punishment for the MIP violate my probation or require a stricter punishment because of it? and

    (2) I was inside a courtyard of an apartment complex (which is only accessible by walking up the walkway and turning down a tunnel) that definitely can't be seen from the street when I was cited. Since the land on which the apartment complex is located is private property, and the police had to walk the aforementioned walkway and through the tunnel without knowledge of a crime just to find me, does their arrest qualify as an unlawful search and seizure?
    It's difficult to describe, but it seems wrong that the police can enter a private housing complex and cite people who are standing right outside their own doors.

    Thank you very much for the help.

  2. #2
    Join Date
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    Default Re: MIP on Probation

    1. To no small degree it's up to your probation officer / department how to proceed, but quite obviously you violated your probation.

    2. It sounds like the area was open to guests, delivery people, and other members of the public - such an area is not sealed off from police access.

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