The DA has not filed charges yet on this case. Thank you for your answer on this. One more thing, can the cops kick someones door in without a warrant if they THINK someone in the house is on probation or does the person have to be a resident in the home? Thank you
The fact that the DA has not yet filed charges is a good sign -- normally, they would do so within a relatively short period of time (not more than 2-3 business days), though difficult cases can take longer to decide.Typical terms of probation require a probationer to submit his person, vehicle and residence to search without a warrant. This allows police to search the actual residence of the probationer, but not residences of other individuals who are not subject to the terms of the grant of probation. Therefore, the mere fact that officers think someone in a particular residence is on probation does not justify a search unless they reasonably believe that the person subject to search conditions is actually a resident. If no one in the residence is actually on probation and the officers had no reasonable basis for concluding that someone who was a resident was also on probation, the search would most likely be found to be invalid.An excellent discussion of probation and parole searches is available here:http://le.alcoda.org/publications/point_of_view/files/probation_searches.pdfThis summary was prepared by the Alameda County DA's office and is designed for use by lawyers, so is somewhat technical. Rules regarding the probationer's residence are discussed starting at the bottom of page 17, where it says:WHERE DOES HE “LIVE?” Before entering a residence to conduct a probation or parole search, officers must reasonably believe the probationer or parolee actually lives there, at least temporarily. Although probable cause is not required, the facts known to the officers must satisfy the lower standard of reasonable suspicion. This means that officers must have some information that reasonably supports their belief.Thanks again for asking your question here on JustAnswer. If you have any other questions about this situation, please let me know.
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