What to do if the police came to my house demanding to come in and search it claiming that my 20 year old son was on felony probation?
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What to do if the police came to my house demanding to come in and search it claiming that my 20 year old son was on felony probation?
The only one home was my 17 year old. Husband came home and told the police they had the wrong house, that my son was not on probation and to show him the paperwork showing this was true. They said they did not have any paperwork and didn’t have to show him anything. He told them yes they did and to get out of our house. The officer stated this was a probation check and he could do anything he wanted and continued to search the entire house. After they left, received a phone call from the same officer stating my husband was correct, my son did not have anything on him and this whole thing was a mistake. Were my 4th amendment rights violated?
Asked on June 10, 2013 under Criminal Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Unless there was an entry into your home no 4th Amendment Rights were violated. In essence a warrant or a probation order was required to be submitted to you by law enforcement which was not the case from what you have written.
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