Can a city police officer claiming he's with parole (there were no state parole officer present) come in and seach the house and hand cuff a teenager that is not on parole and search his pockets inside his own house? The person who is on parole with the State parole offfice was his older brother who is an 7 years older. A female police officer did a pat down on the male teenager.
2006-09-30 13:16:26 · 12 answers · asked by shclapitz 3 in Politics & Government ➔ Law Enforcement & Police
Depends what state you are in, and the conditions of your parole. Sometimes parolees sign waivers that state that officials can check for weapons at any time or place. If it is a drug or sex offense, the police/parole officer may be able to check for any thing, anywhere, and even anything that you give to somebody else. It usually depends on the conditions of your parole. At a minimum, you probably agreed to have your person and room searched without a warrant by a police officer/parole officer (for a limited amount of time) as a condition to get out of jail early. And like the previous response stated, police can handcuff for safety without making a arrest.
2006-09-30 13:44:05 · answer #1 · answered by Mike B 2 · 0⤊ 0⤋
I guess if they did, they can.
If the parole officer has asked them, or if they called the parole officer and asked permission to "check on them"
They can come in and question them.
No they can't hand cuff someone without a reason.
2006-09-30 13:37:32 · answer #2 · answered by Anonymous · 0⤊ 0⤋
No one can search your house without a warrant when someone violates parole the parole officer doesn't search the house a Marshall or a sheriff does. that's a violation of the search and seizure law
2006-09-30 13:21:34 · answer #3 · answered by Me 2 · 0⤊ 1⤋
This pisses me off. But it seems any search now is 'legal.' I would certainly make a record of this with my parole officer. I would also file a complaint with the Police Oversight Comittee if there is one where you live. This officer was impersonating and out of line with the teen in several ways.
2006-09-30 14:06:55 · answer #4 · answered by beez 7 · 0⤊ 1⤋
I'm no expert but I believe that anytime a police officer is in the process of a search or any activity in which they feel they might be at risk, they can handcuff and search. People think the police only handcuff you if they're placing you under arrest, but that's not true. They can handcuff you or search your pockets even if they pull your car over, believe it or not (although, it's mostly for their own safety).
2006-09-30 13:23:42 · answer #5 · answered by red7 3 · 0⤊ 0⤋
Yes the search was legal (based on info provided), and good luck with the female cop searching the young boy defense, I'm sure he was very traumatized by that, I'm sure she totally copped a feel too. You didn't get very specific and there is important info missing why aren't you asking your lawyer?
2006-09-30 18:21:08 · answer #6 · answered by Karissa N 2 · 0⤊ 0⤋
It all depends on if there was probbable cause or a warrant otherwise they can't and you have all the rights to apeal anything that shouldn't have been done. I would suggest talking to a laywer many websites let you ask a ? for free also calling laywers and asking wont cost you anything. Hope everything works out!
2006-09-30 13:19:30 · answer #7 · answered by ajmarti82 2 · 0⤊ 0⤋
Police officer on parole cannot validly make a search because he was supposed to be serving his sentence.
2006-09-30 13:19:12 · answer #8 · answered by FRAGINAL, JTM 7 · 0⤊ 2⤋
If these measurements were defined in the parolee contract, it is substantial. Also, if permission to enter and search was given, this too is substantial. If at anytime you feel that you were denied your rights, contact your PD and they will investigate.
2006-09-30 16:39:36 · answer #9 · answered by thablaqwidow 2 · 0⤊ 0⤋
The only people who complain about being searched are the people with something to hide. Don't break the law and you've got nothing to worry about.
2006-09-30 13:38:45 · answer #10 · answered by Mr Smarty Pants 3 · 0⤊ 1⤋