QUESTION

Can a probation officer request an serve a serch warent on someone that is not on probation?

Asked on Jan 06th, 2011 on Criminal Law - California
More details to this question:
A probation officer got a search warrant for me and my home said I was some kind of drug dealer all on someoneโ€™s hearsay anyway I am not on probation so is not there some type of jurisdictional boundary. I thought a probation officers power was limited to their probationers.
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4 ANSWERS

Criminal Defense Attorney serving Temecula, CA at Joseph A. Katz Attorney at Law PLC
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First of all, it sounds as though you have been victimized by some kind of "cowboy" Probation Officer. It is clearly not a Probation Officer's duty to seek, obtain and serve search warrants for non-probationers. Law enforcement can do so if they properly apply for the warrant and there is probable cause for its issuance. You did not mention whether or not the search yielded any incriminating evidence. However, you can challenge the search with a Penal Code section 1538.5 motion, alleging lack of probable cause or false information,and move to disclose the name of the informant (Hobbs and 'traverse and quash' the warrant. Then, any evidence found would be suppressed, and the case dismissed (the D.A. would have no other choice).
Answered on Jan 09th, 2011 at 10:43 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Any properly issued search warrant can be executed by law enforcement. If you were arrested, then you can fight it. You can raise all available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for various suppression motions, plea-bargaining or at trial. If you don't know how to do these things, then hire an attorney that does, who will try to get a decent plea bargain for you. If serious about doing so, feel free to contact me.
Answered on Jan 07th, 2011 at 12:13 PM

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You should sit down and discuss your case with an attorney. Warrants have to be signed by a judge. Your attorney will be able to review if it is a valid warrant.
Answered on Jan 06th, 2011 at 10:28 PM

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Criminal Law Attorney serving Palm Desert, CA
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They are cops and they try to act like them. They can obtain search warrants. They shouldn't, because the taxpayers aren't paying them to do that. But, they can.
Answered on Jan 06th, 2011 at 7:28 PM

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