My son is on juvinile probation. He just turned 18 in September. He recently got a ticket/ citation for paraphernalia. It was under very shady circumstances. I was not home at the time but the 5 witnesses said the police officer had come to serve a protective order for someone else in the household. My son had just come outside as he had been sleeping. It was 9 at night, dark, and the police officer singled my son out. My son went to walk back in the house when the police officer followed him into my home and drug him out by his neck. He was cuffed and a backpack that had been sitting outside was discovered to have paraphanalia in it and the officer said it was his. It was not but he received a ticket for it. This is in the state of Indiana. The officer said he did not enter the home but 5 witnesses seen him. He also stated he did not remove my son by the neck but the witnesses seen that also. What should I alert his probation officer or should I even do so? The whole situation was not right.

Hello m:

You SHOULD contact his probation officer, and you SHOULD hire a good lawyer... From what you said, the search was illegal.

excon

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Originally Posted by excon

Hello m:

You SHOULD contact his probation officer, and you SHOULD hire a good lawyer... From what you said, the search was illegal.

excon

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The officer said he had smelled pot when he walked up to serve the order. My son reported he heard what the officer was there for and was going back inside. When I did get home, the officer stated to me that since he "smelled pot" he had every right to enter my home. Is he just trying to cover himself for what he did to my son?

Hello again, mom:

Smelling pot would have been probable cause for him to obtain a search warrant.. It was NOT enough for him to bust in or to hold and search your son.

excon