Legal Question in Criminal Law in California

Without a warrant, can parole agents break down the door of a house where they think a PAL might be, even if that parolee doesnt live there? Then subsequently perform a search of the property and confiscate other people's belongings?


Asked on 7/03/12, 12:27 pm

2 Answers from Attorneys
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

I would say that depending on the facts and if they "reasonably believe" he is there they may be able to get away with breaking in ... there are several immunities against prosecution in place for law enforcement and a mistake, if found to be "reasonable" may bar an action for damages.

However that is more a civil issue. Some criminal defense attorneys on this panel also practice civil litigation, while I have little experience in that practice area. Regarding property damage and items taken, I recommend you talk face-to-face with a civil litigation attorney in your local area, who handles government claims and law-enforcement related litigation. Good luck!

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Answered on 7/03/12, 1:48 pm
Anthony Roach Law Office of Anthony A. Roach

If you are not defending criminal charges, then you need to consider contacting an attorney who handles civil claims, and you need to be aware that there are short time frames for submitting a claim to a government entity, which is a prerequisite to suing the government entity.

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Answered on 7/05/12, 2:20 pm


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