QUESTION
Is it legal to do a probation search of private land unrelated to probationer without a warrant?
Asked on Oct 16th, 2013 on Criminal Law - California
More details to this question:
In California, Sheriffs cut the lock off a gate on private property and said they were there to conduct a probation search. The owner of the land has no affiliation with the probationer. Sheriffs claim a probationer (not a violent offender) told his probation officer he would be at that location harvesting marijuana, and that is the reason they could trespass on private property without a warrant. Is this legal?
5 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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That sounds illegal. But it would have to be fought out in court on a motion to suppress.
Answered on Oct 18th, 2013 at 6:28 PM
Any property owned or occupied or in the possession of a person on probation with a search condition is subject to a search without a search warrant or probable cause. The statement by the person on probation was enough for the search.
Answered on Oct 17th, 2013 at 11:32 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Whether the search was legal will be up to a judge after a motion to suppress is filed for a warrantless search. I strongly suggest that the owner of the land, and I assume, the marijuana hire an attorney.
Answered on Oct 17th, 2013 at 1:41 AM
Criminal Law Attorney serving San Diego, CA
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Lee Law Group DUI & Criminal Attorneys
It sound legal, if the Sheriff had probable cause that criminal activity was conducted on the searched premises, AND he convinced a judge to give him a search warrant.
Answered on Oct 16th, 2013 at 7:18 PM
If the probationer was really dumb enough to tell his PO he'd be on this land harvesting mj then yes the police can enter and search.
Answered on Oct 16th, 2013 at 10:24 AM