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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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What are my 4th amendment rights? This morning 3 sheriffs

Customer Question

What are my 4th amendment rights? This morning 3 sheriffs demanded entrance to my house and said they were doing a parole serach but refused to give me a name or allow me , the home owner to contacted my attorney but continued to reach my entire house ! This can't be legal?Thank you for your time , Mary
Submitted: 11 months ago.
Category: Legal
Expert:  CalAttorney2 replied 11 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

I am very sorry to learn of this situation. Are you (or any other occupant of the home) on parole at this time?

(Parole significantly limits (although not eliminates) your 4th amendment rights - part of the Parole Agreement that you sign is actually referred to as the "4th Waiver" - which allows warrantless searches - the 9th Circuit has increased the standard slightly in recent years, requiring law enforcement to show a "reasonable suspicion" prior to performing a warrantless search - but it still does not require a warrant).

If you were - or are - arrested following this search, do exercise your other constitutional rights, politely decline to speak with law enforcement unless you have a lawyer present, and make sure to request a lawyer be appointed to represent you - then follow the advice of that lawyer.

Evidence found in the course of a parole search can still be contested under the recent string of case law I mentioned above - but law enforcement still has the "4th Waiver" that they can use against parollees, so it is very important to work with a lawyer).