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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 28778
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I am on parole in California and was out running errands

Customer Question

hi, I am on parole in California and was out running errands today when local police department came to my family's home to conduct a "parole search". my parole officer was just there the day before and there were no problems and no reasons for them to come do this. Apparently they found old nude pics of my gf (shes 24) inside a sealed envelope I didn't realize I even had and a bottle of synthetic urine that parole officer was aware of. Are they allowed to search without me being present? they say they are reporting this to my parole officer and they may be back to arrest me. Am I screwed or do I have any way out of this?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear that this happened.
It's not illegal to have nude pictures of an adult, unless having them violated the terms and conditions of your parole. That shouldn't be an issue. If your parole officer was aware of the synthetic urine, he may be able to help you out. Talking to him may be the best bet- if the P.O. doesn't see any need to violate your parole, that can go a long way toward helping you.
The default rule is that a person on parole or probation does not need to be present for a search because they have limited 4th Amendment protections. There is an exception if your parole paperwork says something like they can search "on request," or "when requested" or something like that. If there's limiting language, then they DO have to be either present or notified in advance of the search, and if you're not, the evidence can be suppressed. If you didn't sign anything with those types of limiting words, the search is legal.
This site discusses the relevant cases, if you want more information on that.
http://www.legalupdateonline.com/4th/886
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