Probation/Parole Searches
The police may search without a warrant pursuant to a probation or parole search clause. The police do not need to have a probationary purpose for the search. The police also do not have to have a reasonable suspicion of wrongdoing. All the is required by the police is that the police officer have advance knowledge of a search condition before invoking it. The Prosecutor has the burden of establishing with competent evidence that a search clause exists and applies to the person searched. For a probationer, he or she must have a valid search clause. For a parolee he or she must be on parole. A search by the police pursuant to a probation or parole search clause may not exceed the scope of the particular clause relied on by the police officer. Police officers may generally only search those portions of a home they reasonably believe the probationer or the parolee has complete or joint control over. The police may not undertake a probation or parole search for harassment purposes.
If you are arrested for charged with a misdemeanor or
felony or probation violation,
contact Christine McGuire, the Santa Cruz Criminal Defense Attorney/Lawyer, the San Jose Criminal Defense Attorney, the San Jose Criminal Defense Lawyer.