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trent
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Registered: 10/10/06
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cops allowed to bust in on a parolee
#7607534 - 11/07/07 03:56 PM (16 years, 2 months ago) |
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say someone is out on parole. how many rights do they still have? say that the person on parole is staying with someone who rents a place. the name is on the persons lease. (not the parolee). are the cops allowed to come into the home without a warrant just because the person on parole lives there?
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: cops allowed to bust in on a parolee [Re: trent]
#7607857 - 11/07/07 05:02 PM (16 years, 2 months ago) |
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you should have a paper detailing parole requirments- basically you have no rights if the parole authority doesn't want you to have them. The details are spelled out through code, administrative code, and parolee documents/contracts.
Generally when one person lives with another, the second person has the right to refuse the police entry, and while I'm not familiar with the circumstance when one is a parolee, the fact that one person consents to a search, does not mean the search can continue when the second person is present and objecting.
You must remember that if their is tangible evidence of illegal acts, possibly even paroll-violating acts in states that criminalize these, a search warrant can be obtained.
Also, the police will likely pressure your roomate or whomever to allow the search anyways, just as a precautionn. Will your roomate refuse the search when the cops say: "we know he has drugs, we don't care about you, we'll either get a warrant and arrest both of you, or you can let us search his room only and leave you out of it." Most people willingly give up their rights when they don't have to. Make sure your roomate is not a pussy, or make changes necesary if he is.
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monstermitch
Growing in Bags Doesn't Work



Registered: 02/10/06
Posts: 3,911
Loc: Arizona Bay
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Re: cops allowed to bust in on a parolee [Re: trent]
#7610459 - 11/08/07 10:20 AM (16 years, 2 months ago) |
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Quote:
trent said: say someone is out on parole. how many rights do they still have? say that the person on parole is staying with someone who rents a place. the name is on the persons lease. (not the parolee). are the cops allowed to come into the home without a warrant just because the person on parole lives there?
yes.
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: cops allowed to bust in on a parolee [Re: monstermitch]
#7612087 - 11/08/07 05:16 PM (16 years, 2 months ago) |
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Quote:
monstermitch said:
Quote:
trent said: say someone is out on parole. how many rights do they still have? say that the person on parole is staying with someone who rents a place. the name is on the persons lease. (not the parolee). are the cops allowed to come into the home without a warrant just because the person on parole lives there?
yes.
Why don't you explain yourself?
The police may not search a residence where both occupants are present, where one refuses and one allows the search. I don't understand the legal basis for your post- is their one
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monstermitch
Growing in Bags Doesn't Work



Registered: 02/10/06
Posts: 3,911
Loc: Arizona Bay
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Re: cops allowed to bust in on a parolee [Re: johnm214]
#7612354 - 11/08/07 06:49 PM (16 years, 2 months ago) |
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well maybe it's not true for every state, I'm sure there's some differences, but where I've lived the police absolutely can come and search any home where a parolee lives. without notice.
if a car is pulled over and there is a parolee in the car, the car can be legally searched.
being on parole in those states means submitting to search or seizure at any time without any need for probable cause.
just read your parole papers to find out if your state is one of the ones that makes you submit to this.
http://findarticles.com/p/articles/mi_m2194/is_7_72/ai_107121948/pg_8
so check up on your exact case, or just assume yes. they can. because that very well may be the truth.
Quote:
the purpose of allowing parole searches without a warrant is to assure that the parole serves as a period of genuine rehabilitation and that the community is not harmed by the parolee’s being at large. When the parolee is no longer “at large” and the search no longer affects his interests, both of these justifications are absent.
http://law.jrank.org/pages/1832/Probation-Parole-Procedural-Protection-Fourth-Amendment-searches-seizures.html
http://caselaw.findlaw.com/data2/californiastatecases/D046986.DOC
http://www.courtinfo.ca.gov/opinions/revnppub/A098670.DOC
http://ca10.washburnlaw.edu/cases/2002/09/01-4150.rtf
it happens all the time.
there's some legal basis for you.
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Rapmaster
Stranger

Registered: 09/19/04
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Re: cops allowed to bust in on a parolee [Re: monstermitch]
#7631397 - 11/13/07 04:37 PM (16 years, 2 months ago) |
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I knew somebody who was on parole and lived with his parents. Although it is a slightly different circumstance, they were allowed to drop by and check on him whenever.
Only reason I say this is, he had a set curfew and they would randomly check on him. Whether or not it is pertinent, one of the few exceptions for him being out after curfew is if his parents (owner of the home) kicked him out.
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: cops allowed to bust in on a parolee [Re: Rapmaster]
#7631755 - 11/13/07 05:37 PM (16 years, 2 months ago) |
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sorry for my previous tone, I came off pretty bitchy.
Anyways, I don't see how the fact that you room w/ a parolee means you must allow the police entry.
The parolle authority could require you to obtain housing w/ roomate who will allow searches, but I don't see how they can require your roomate to do anything.
As the supreme court ruled, a present cohabitant has the right to refuse a search even when another present cohabitant grants permission. This only applies if the refusing roomate is present.
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HSIHd
ProfessionalHamburgler



Registered: 08/14/02
Posts: 1,719
Loc: IOWA
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Re: cops allowed to bust in on a parolee [Re: monstermitch]
#7633401 - 11/13/07 11:51 PM (16 years, 2 months ago) |
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Quote:
monstermitch said: well maybe it's not true for every state, I'm sure there's some differences, but where I've lived the police absolutely can come and search any home where a parolee lives. without notice.
if a car is pulled over and there is a parolee in the car, the car can be legally searched.
being on parole in those states means submitting to search or seizure at any time without any need for probable cause.
Same for my state as well. If you are on parole that is probable cause enough for the cops to search you. The same also goes if your a felon. And from personal experience, you can get searched even if your not on parole or a felon but you have prior drug charges. I was pulled over and was told that they could search the car just because I have been caught with weed in the past. I really think it also has to do one the cops mood and personality. The only times I ever get pulled out of my car is when some cop that is too cool for school pulls me over, all other times they let me go.
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Chemy
Jesus is Lord

Registered: 10/05/07
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Loc: A Church
Last seen: 14 years, 1 month
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Re: cops allowed to bust in on a parolee *DELETED* [Re: HSIHd]
#7638596 - 11/15/07 08:37 AM (16 years, 2 months ago) |
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Post deleted by ChemyReason for deletion: If you are sure you want to do this, click the button below.
Yes, I want to delete this post.
-------------------- Alcoholics Anonymous Narcotics Anonymous Get help, help is free and available 24/7/365. God bless you all and I hope you receive the help you need to turn away from your lives of sin. Mushrooms and drugs make you gay, you can reverse this homosexual condition with rehab, get help! Stop being gay!
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: cops allowed to bust in on a parolee [Re: Chemy]
#7639715 - 11/15/07 01:09 PM (16 years, 2 months ago) |
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chemy is right
most rights are forfitted by the bearer, not by the state
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: cops allowed to bust in on a parolee [Re: johnm214]
#7647099 - 11/17/07 09:44 AM (16 years, 2 months ago) |
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> Anyways, I don't see how the fact that you room w/ a parolee means you must allow the police entry.
You don't have to, but your roommate does. At that point they're already all up in your shit and they'll pull the same bullshit they always do... The door to your room was open, they smelled weed, they thought they saw paraphernalia, got the rooms mixed up, etc., etc..
If you're in that situation you better damn sure have a lock on your door and keep everything well hidden inside your room.
-FF
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