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4ren6, Forensics/Criminal Investigation
Category: Criminal Law
Satisfied Customers: 4794
Experience:  Over 20 years of Law Enforcement. Sworn expert witness in Criminal and Civil Law.
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The Antioch police came to our home to search our 47 year ...

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The Antioch police came to our home to search our 47 year old sons room because he is on court probation, his son who is 23, and has no record at all, lives with us, he was in our garage with headphones on listing to music, by himself, and one of the offices pulled a gun on him, handcuffed him and arrested him, took him to jail to be drug tested. The Captain of the police force said this is legal, he even said if I am walking down the street, not bothering anyone, they could do the same to me. I have searched the internet but can''t find this paticular incident listed. Is it legal? Thanks, XXXXX [email protected] your question here
Submitted: 9 years ago.
Category: Criminal Law
Expert:  4ren6 replied 9 years ago.
If the situation as you told it occurred just as you say it did then there was no reasonable cause for this to be done. They would have had to have had reasonable cause to arrest him on anything. So if there were no drugs visible and he was not doing anything illegal, nor a restraining order or anything that would have caused an arrest then this could not have been legally done. They had to have reasonable cause to arrest. From your story there appears to be no reasonable cause.
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