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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9389
Experience:  Since 1983
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If your on Parole. Can Parole search your house if your not

Customer Question

Hi. Yes. if your on Parole. Can Parole search your house if your not at home i.e the Parolee? You have a ankle amonitor on, so they know your not at home.
JA: Since parole regulations vary, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: no. My question is just that...Can Parole search your house if your not at home i.e the Parolee? You have a ankle monitor on, so they know your not at home?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 4 months ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 4 months ago.

Thank you for your question.

The answer is Yes:

"Under California statutory law, every inmate eligible for release on parole “is subject to search or seizure by a ․ parole officer or other peace officer at any time of the day or night, with or without a search warrant or with or without cause.” (Pen.Code, § 3067, subd. (b)(3).) Upon release, the parolee is notified that “[y]ou and your residence and any property under your control may be searched without a warrant at any time by any agent of the Department of Corrections [and Rehabilitation] or any law enforcement officer.” (Cal.Code Regs., tit. 15, § 2511, subd. (b)(4); see also Cal.Code Regs., tit. 15, § 2356 [requiring the department staff to notify the prisoner of the conditions of parole before release].) There is no dispute that the passenger was on parole and subject to the standard search clause. The Attorney General defends the search solely on that basis." Underlining added. From page 5 of the California Supreme Court opinion posted here.

I hope this information is helpful.

Customer: replied 4 months ago.
for clarity purposes.they can break into your home for an alledged "COMPLIANCE" search when they know your not at home? I was told by the Judge that I was the "Key" and wherever I was I gave them access. Example, if they have my tracks(GPS) and let's say I went to a friends house 1 week ago9 not a fugitive). If I'm not there. What your saying is that they can break into there house when no one is home too because I had once visited there? Thanks for your response
Expert:  N Cal Attorney replied 4 months ago.

No they cannot search someone else's house just because you visited there, but they can search your residence whether or not you are present.

Please remember I do not make these laws, I just answer questions about them.