The police came and didnt show any paper's just asked if my son was home and they went right into my bedroom and turned it up side down. He is paroled to this house, he sleeps on the couch so why did they search my room? because he was in there or what? All they found was a scale and some bullets but the bullet's were in my jewlery box and they have been in there for at least a year. I found them and just stuck them in there, i didnt know what to do with them so thats where they sat. The policeman kept sating give me the gun , there is no gun that goes to these bullet's ,well not here that is, i dont even know what kind if bullet's these are, all i know is that they are small. They are trying to give my son 7 years for these bullet's how can that happen? He didnt even know that they where there. I should have threw them away but i didnt want them to blow up in the trash or hurt someone with them. Tomarrow is Monday the 9th what can i do for him. I think this is bogus,HELP ME PLEASE...
2006-10-08 09:51:52 · 16 answers · asked by nieceofmissourifats 2 in Society & Culture ➔ Religion & Spirituality
If your son is on parole, yes they can do this. If not, then they can't. If they didn't have a warrant, and he's not on probation or parole, it's illegal. Get a lawyer immediately. I can't imagine why they would search just your bedroom and not the whole house. The reason they are saying they're going to violate him back to jail is because he, as a felon, is not supposed to have any contact with weapons, other parolees or anyone on probation, alcohol or drugs. If they see bullets, of course they're gonna assume there's a weapon in the house. IF you do have one, tell your lawyer and the cops. If you lie and they find one, they'll ship your son right back to jail. If you don't, you should be okay. A good lawyer will be able to help you out.
2006-10-08 10:06:24 · answer #1 · answered by ReeRee 6 · 0⤊ 0⤋
You really need to speak to a lawyer. However, coincidentally, there was a case like that from Las Cruces, New Mexico that went to the New Mexico Court of Appeals and the court decided that simply having possession of bullets, with no gun, was not a parole violation. I'm not sure of the name of the case but it was an appeal from Judge Stephen Bridgeforth.
Um, yeah, tomorrow is Monday the 9th and in most areas that's a legal holiday as far as the courts are concerned. You might have better luck finding a lawyer on Tuesday.
2006-10-08 09:59:30 · answer #2 · answered by Anonymous · 0⤊ 0⤋
This is really a question for a lawyer...
1) Did you let them in?
2) Was there anything suspicious laying out in plain view?
3) Did they ask if you minded that they look around?
... If police come to your house from now on, talk to them on the front porch. You have 100% right to deny them into the house, unless they have paperwork.
I think that's correct, but I'd double check with a lawyer!
Edit: If your son is on parole, the laws may be different... yeah, get a lawyer for this one.
2006-10-08 09:56:15 · answer #3 · answered by raven7night 4 · 0⤊ 0⤋
Criminal Law - Arrests And Searches - Home searches
Question 4 of 11
Can my home be searched without a warrant while on parole or probation?
Yes. Home searches for all persons on probation or parole, with some exceptions, can be done at any time without a warrant by the appropriate state agency. During the course of a search, any items found that are a violation of probation or parole, such as drugs or weapons, can be seized and used as evidence. Additionally, you will be facing additional criminal charges.
2006-10-08 09:57:32 · answer #4 · answered by Phoenix Rising 6 · 2⤊ 0⤋
I would suggest contacting an attorney. I know the Bush administration has made it much easier for police to do searches without the need for search warrants. And since your son is on parole the police probably didn't need a search warrant. The first question I would ask is why did the police come to your house?
Discuss everything with an attorney, and follow his advice.
2006-10-08 10:02:17 · answer #5 · answered by MAC4Me 3 · 0⤊ 0⤋
First you need to obtain legal representation. What you are describing sounds very similar to illegal search and seizure. However, the fact that your son is paroled to your house, may be an issue. When someone is on parole, I am unsure if law enforcement must have a warrant to search premises. Further, AFTER consulting with an attorney, contact his parole officer to obtain any kind of information.
2006-10-08 09:58:01 · answer #6 · answered by shortys_a_rider 2 · 0⤊ 1⤋
Not sure y this is posted here, but does he have a lawyer? U really need one if not. Did they ever give u a search warrant?
2006-10-08 09:56:08 · answer #7 · answered by dragonkisses 5 · 0⤊ 0⤋
you need a lawyer as stated, but if he is paroled to the house you have agreed to wave certain rights. If someone does anything illegal around him, he is guilty.
2006-10-08 10:05:14 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You need to speak with an attorney. Post this in the law category and see if you can get any decent advice there.
Blessings )O(
2006-10-08 09:56:16 · answer #9 · answered by Epona Willow 7 · 1⤊ 0⤋
prayer and a lawyer. try posting in law section you mgiht get better help there pertaining to your problem. good luck!
2006-10-08 10:01:59 · answer #10 · answered by yeppers 5 · 0⤊ 0⤋