View Full Version : Probation
sanchezof4
Aug 26, 2014, 09:46 PM
I initially helped a friend that was homeless & on probation stay at my house while he looked for permanent housing. His probation officer had visited my home once, and I was very bothered that she(PO) wouldn't allow me to take our lunch out of the deep fryer, said she would allow that in a minute. I said it's going to burn, of coarse I was ignored. Then before she entered my bedroom, I said I have dogs in there, let me lock them outside. She said no, so now I have 5 dogs running all through my house jumping on the furniture, barking like crazy because of strangers. She comes out of my room after she searches it, and tells me, go turn your food off. At that point, my food burned to a crisp. I was like WOW!
Do they even have a right to search my room, or my kids room, my friend sleeps on the couch?
So at this point I'm bothered and asked my friend to move out. He called his PO and told them he moved out. A week later, I asked my friend to come and help me around my house, and guess what? The PO shows up, so I tell them he doesn't live here. She said If he's here, she has the right to come in and search, so I said well then he has to go outside then. She said open the door, I told her no, I'm not allowing her in to search and I closed the door, So they jumped my back gate breaking it, and forced entry through my back sliding door, Is that legal?
Second: she asked me for my I.D. I told her, I don't need to show her anything, so she said she's placing me under arrest, placing handcuffs on me.
Walks me to the living room. Tells her partner to hit this place hard. The next thing I see is my dog at the front door. I asked her, did you leave my back gate open? She said well yes, I said so all my dogs are running loose? That's crazy, I said. So after they were done, I go see where all my dogs were. 3 went missing. Do I have a case to file a complaint?
paraclete
Aug 26, 2014, 10:05 PM
Definitely
Fr_Chuck
Aug 27, 2014, 01:46 AM
Yes, first you don't ask, you walk over to your cooker and take your food out.
You walk to your bedroom, and secure your dogs.
You stop asking, to allow them chance to do this.
Now you file your complaint, but be sure your friend, has moved and is not leaving there.
They do have a right to search the house, all parts of it, anytime they want. They do not need a warrant. So if they are still there, expect them back, (after complaint) and they will find reason to revoke persons probation.
Also, since this is your home, and you are one responsible, yes you needed to show them your ID.
If they handcuffed you, that is a reason for complaint, unless you were yelling and causing an issue
AK lawyer
Aug 27, 2014, 07:56 AM
I agree with Chuck. Talk to an attorney to see if you have a civil case against the PO. I suspect that you will be unable to establish significant damages, but you might get the officer reprimanded.
sanchezof4
Aug 27, 2014, 09:23 AM
Chuck...
I didn't ask, I tried walking over to the kitchen to finish what I was doing. She blocked me, and said go sit on the couch.
And same when she was walking toward my bedroom, I got up and was walking over to my bedroom, I said let me lock up my dogs before you go in there. She said, NO! Blocking me, and said: Go sit back on the couch.
So how do I do it any way? She would have probably detained me in handcuff's.
AK lawyer
Aug 27, 2014, 11:47 AM
Unless there is some aspect of this story that you aren't telling, it appears that this would-be Gestapo goon needs to get fired.
sanchezof4
Aug 27, 2014, 12:40 PM
AK Lawyer...
That is the God honest truth...
I have also heard from different people, that a PO "can not" search a home if he is just a visitor. Regardless!
Especially if they detained him and placed him in there cruiser. Still unsure, because this is hear say.
And as a citizen in California, we are "not" required to show any law in forcement our I.D. without probable cause. In which the PO had none. And to threaten arrest behind it. And detain me in handcuffs. I can't see how our civil rights could be stripped away because we have a friend on probation visiting. So that would mean if he's at a hospital visiting a family member, they should search the room. And honestly, I think they would just take the probationer into custody. And forget the search of the room.
I'm looking more into this in hopes to seek justice.
Fr_Chuck
Aug 27, 2014, 08:07 PM
Probation, has the right to confirm your ID, since you are the person responsible and to prove it is your home.
PO does not need probable cause, you waived that right, by letting the person stay in your home.
Yes, by allowing the person live there, and register living there, you give up many rights, since the loss of rights, that go with the person on probation, move to your home. They can search, the home where the person on probation lives, since you allowed that, you gave up many rights.
He is not visiting, he is living, and he registered your house, as his current home.
sanchezof4
Aug 27, 2014, 10:12 PM
No Chuck...
You didn't read it correctly, read back to the beginning...he lived here for 2 weeks... THEN I made him move out.. So when they came the second time, he didn't live here no more.. He happen to be here the day the PO came... Visiting, well actually working.. I hired him to do my yard work. So tell me how that's OK for the PO to violate my rights? The PO told me: "your right" we didn't find any thing that belongs to him here. They admitted he didn't live here, and that should be stated on their video recorders.
talaniman
Aug 28, 2014, 07:02 AM
You were probably his official last known address, and they did find him there, so you can always expect the law to be rude and forceful when dealing with felons, who have been known to lie and cheat the system,with plenty of help from their friends.
Good luck raising hell about the shoddy way they treated you in this process, but you may have a legit case for the losses you have incurred with your dogs, or damages done, if you have paperwork to back you up, and don't expect a simple open, and shut case, without a lot of pushback, (stalling,and delays) unless you have legal counsel, at least a consultation with one.
PO's have a LOT of latitude dealing with the affairs of felons on probation, or parole, and with very good reason.