Legal Question in Criminal Law in California
Thank you Anthony Roach for "trying " to answer my question, however, u did not! Again I will try: when the police search the home of a parolee & another person who's not on parole/probation, can they legally come in numerous times a day w/out anyone home & take personal things out without leaving property receipt of items taken. Just bcause a civilian lives with parolee, are their rights suddenly null & void?
1 Answer from Attorneys
You didn't understand my answer because you refuse to think of a parolee as a person who is still in prison. One of the conditions for a prisoner to be paroled is that they must sign a standard CDCR, which advises them that they agree that the parolee and their residence and any property may be serached without a warrant by an agent of the Department of Corrections or any law enforcement officer. If the prisoner does not sign and agree to this term, he doesn't get parole.
The fact that the parolee lives with someone who is not on parole does not suddenly trigger the warrant requirement. If it did, every parolee would be able to get out of this term of the CDCR and it would be meaningless.
The only limit on parole searches is the general rule that abridgement of federal constitutional Fourth Amendment rights must be no greater than is required by the legitimate demands of the parole process. Parole searches must be constitutionally reasonable. They cannot be too often, at an unreasonable hour, unreasonably prolonged or conducted in an arbitrary or capricious manner. Evidence that is obtained through an unlawful search, however, can still be admitted at parole revocation hearings, so their is no real incentive for officers to comply with the Fourth Amendment. (People v. Reyes (1998) 19 Cal.4th 743, 753,)
The receipt requirement for searches applies to searches conducted pursuant to a warrant. As I've told you, no warrant is required for a search of a parolee's residence.
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