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!!!!!Being a Parolee and Your Amendment Rights!!!!!

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Dillon

Senior Member
What is the name of your state (only U.S. law)? MI

I have an extremely important question. If you are on parole do you not have full citizen rights while serving out your parole period?

I will explain the situation to make the scenario more clear. This individual was to be on parole until 2014 or until their restitution was paid in full, which ever were to occur first would result in the release of being on parole.

The individual was recenlty pulled over and was placed under arrest for possession of a firearm not registered in their name. The officers searched the vehicle without consent from the individual. Furthermore, the vehicle pulled over was not titled in the individual's name. The firearm was in the back seat of the truck, and was not carrying the weapon on them. Did this individual have rights to his 4th Amendment (unreasonable search) even if he was on parole??? Also, was a search warrant necessary to search through the vechile which was lawfully titled as someone else's property?

I thank you for your time. This is rather an urgent matter, and I will be looking forward to any insight offered.
you may have signed something and wavied those rights to get the parole.
 

kae073

Junior Member
Clarification on the gun:
It was an antique hand gun. We are not 100% sure if it even can be fired. It has not been fired in 30 years.
The prelim will be held on Jan 5th. I will keep you all updated if interested.
 

CdwJava

Senior Member
Clarification on the gun:
It was an antique hand gun. We are not 100% sure if it even can be fired. It has not been fired in 30 years.
The prelim will be held on Jan 5th. I will keep you all updated if interested.
What kind of "antique" gun? Black powder weapons would be permissible for a parolee in CA, but for those you do not have to buy "ammunition."
 

BL

Senior Member
08 - Must not own, possess or use any object as a weapon
If this firearm is to be determined able to be fired , he's in violation .

Most stipulations state must not ( even ) possess a firearm .

The firearm was in his possession as it was in the vehicle .

The individual has 4 charges against him. They are facing 5 years for parole violation and 2 additional years for gun charges.
Well ,if he has more violations against the terms of his parole , the Judge will decide at a hearing .
 
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