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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110432
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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MY husband had not been checking in with parole so there was

Customer Question

MY husband had not been checking in with parole so there was a warrant for his arrest. Parole officer was tipped off to location of his whereabouts at his friends. MY husband walked in garage of friends house which iscommon area for several friends where more than 3 people's belongings were being stored. Parole officer walked in behind my husband after door closed and sign on door says no trespassing but enters anyway without announcing himself. He does find fun on my husbands hip and zip ties my husband takes him out to vehicle. Parole officer goes back into garage opens someone's bag up and finds drugs and we now find out my husband is being charged with.. The him was his yes but the drugs were not. Can you pleasetell me if there are any rights that will help my husband at all
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, a person on parole has very few rights. A parole officer does have authority to go wherever the parolee is found to arrest the parolee. The officer can also search the area where the parolee is located without a warrant for any contraband that would violate the terms and conditions of his parole. HOWEVER, since this was not his residence, unless drugs were found on your husband, he cannot be charged with the drugs, nor should he be charged for being around drugs he did not know were even present. He could still be revoked for not checking in, but not for the drugs if it was in someone else's possession that your husband had no knowledge of or connection to.

Customer: replied 4 months ago.
that is the law in Colorado? Cause state dismissed his case due to feds picking it up. I guess cause of the gun cause he has an are hold
Customer: replied 4 months ago.
Atf hold
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
Not only is it Colorado law, it is part of the US law on constitutional search and seizures.
If the feds have picked up a case against him, they can hold him and it is up to the state DA as to whether or not they want to prosecute or not.