Illegal Search and Seizure

Title may or not be misleading...

So a couple minutes ago some police officers came into my ma's house and tried to arrest me, saying I was on probation. Thankfully they had me confused with my idiot step-dad, who is in fact on Probation and did some stupid crime a few days ago. I suppose that's why he's not home now.

In any case, the police came in, there were four of them, and two were talking to me and my ma and the other two went searching through the house. They ignored most of our questions and our objections, and after searching through the house and getting down my information, told us that as long as he was on Probation they could come over and go through our stuff whenever they liked.

Now, my question, is is it true that my step=dad being on Probation give them the right to bust in and go through our shit whenever they want too? They don't need a warrant, or does the probation thing essentially count as a warrant?

EDIT-

Huh, a little research goes a long way. Apprently, the Police can come in whatever they want, depending on the level of Probation the 4th amendment can be by-passed completely.

Pretty sure you're right in your edit. If he is on probation and has broken it they can come in without a warrant from a judge. Is the place in your mom or step-dads name?

Were they just looking for him or going through drawers too? I don't believe they can confiscate anything in cabinets or drawers.

Originally posted by NonSensi-Klown
Title may or not be misleading...

So a couple minutes ago some police officers came into my ma's house and tried to arrest me, saying I was on probation. Thankfully they had me confused with my idiot step-dad, who is in fact on Probation and did some stupid crime a few days ago. I suppose that's why he's not home now.

In any case, the police came in, there were four of them, and two were talking to me and my ma and the other two went searching through the house. They ignored most of our questions and our objections, and after searching through the house and getting down my information, told us that as long as he was on Probation they could come over and go through our stuff whenever they liked.

Now, my question, is is it true that my step=dad being on Probation give them the right to bust in and go through our shit whenever they want too? They don't need a warrant, or does the probation thing essentially count as a warrant?

EDIT-

Huh, a little research goes a long way. Apprently, the Police can come in whatever they want, depending on the level of Probation the 4th amendment can be by-passed completely.

Wow. That sucks, bro.

Move out as soon as you get the chance.

Originally posted by KidRock
Pretty sure you're right in your edit. If he is on probation and has broken it they can come in without a warrant from a judge. Is the place in your mom or step-dads name?

Ma's. Actually, he doesn't even live here anymore, hasn't for months. They got in an argument about a year ago and he moved out. He was just drunk off his ass last Saturday and needed a place to crash...

Were they just looking for him or going through drawers too? I don't believe they can confiscate anything in cabinets or drawers.

I don't think they can either. But they can search the house for him, personally.

In any case, it's a FUBAR situation, but I guess it'll be alright if he doesn't come around for awhile. *shrug*

Lycanthrope & Deano might shed some light on it.

The LAPD does this kind of stuff regardless.

People think all that sort of stuff is made up but it has been legal for nearly two decades now.

when you are on probation you are "technically in jail" you have no rights...so if you harbor a criminal in your house that is their jail cell...they can turn your jail cell (house)inside out if they so choose...drawers and all...warning to all dont tell where you live if you give a $hit about the other people that live with you! rent a motel room for a week and list that as your residence that does werk until you get in trouble then have do it again....(knew someone who went through all of this)

^didn't know u could do that

long as they have an address

so how are we doing on the search and seizure thing?

i gotta say it may be legal just doesnt seem right there has got to be a way to change the address issue if he no longer lives there..

They haven't come around since.

I think that they were just flexing their figurative muscles. Apparently, when he was shit faced he was standing the balcony naked yelling at the police on the bottom floor who were arresting someone. He was threatening to report them for police brutality or something. In any case I think that he just pissed them off so they decided to come **** with us. Like I said there hasn't been a single peep from them since.

i used to carry a voice recorder when i was a criminal...to mess with the pigs looked like a key chain and the other like pen.. i got a 5 cops fired during a down town party... they started harrassing me and my friends and we ended up fighting i mased the cop with my his own mace and my friend kicked one in the back of the head..

they stop fighting us after they realize we could physically beat them...there were a mob of ppl so they couldnt exactly pull there wpns.
they asked us to surrounder me and my buddy said ok..
once they hand cuffed us they started beating us...

went to court they refuse to take statements of the mob who witnessed the fight...

showed up to court 6 months later with a not guilty plea and my recorder and my own paid lawyer and bam a deal was strucked all charges dropped and the police men fired...

Originally posted by Wild Shadow
i used to carry a voice recorder when i was a criminal...to mess with the pigs looked like a key chain and the other like pen.. i got in a fight with 5 cops got them fired during a down town party... they started harrassing me and my friends and we ended up fighting i maced the cop with his own mace and my friend kicked one in the back of the head..

they stop fighting us after they realize we could physically beat them...there were a mob of ppl so they couldnt exactly pull there wpns.
they asked us to surrounder me and my buddy said ok..
once they hand cuffed us they started beating us...

went to court they refuse to take statements of the mob who witnessed the fight...

showed up to court 6 months later with a not guilty plea and my recorder and my own paid lawyer and bam a deal was strucked all charges dropped and the police men fired...