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Santa Cruz Criminal Defense Blog 2011 March Probation/Parole Searches
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Probation/Parole Searches

Posted By Christine McGuire || 7-Mar-2011

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.
Categories: Criminal Defense, Felony, Misdemeanor

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The McGuire Law Office
The McGuire Law Office
San Jose Criminal Defense Lawyer

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