Confused concerning my rights

[tiredofjonnylaw]

What is the name of your state? CA

I am on probation for possession of a controlled substance, due to finish my prop 36 in a month. I was having an evening with my man, partying, whatever, in a motel. The next morning, he goes to pay for another day, and is accosted by police officers that ran his license plate and decided to look for him because he was wanted for a parole violation. Here's my question. The room was in my name. They were not looking for ME. Having found him out in the hall, they asked him where HIS room was. He didn't have one, but he had left the room door open, and he was no where near the door when they stopped him. So they start pushing open doors randomly, even though he was already under arrest. I was asleep on the couch in the room, and there was evidence of our prior partying. They burst into my room and arrested me as well for being under the influence even though I was asleep when they burst in.. Was this justified? I mean, they had their man, and weren't looking for me, and now I'm wondering if I have any rights?

 

[BelizeBreeze]

What is the name of your state? CA

I am on probation for possession of a controlled substance, due to finish my prop 36 in a month. I was having an evening with my man, partying, whatever, in a motel. The next morning, he goes to pay for another day, and is accosted by police officers that ran his license plate and decided to look for him because he was wanted for a parole violation. Here's my question. The room was in my name. They were not looking for ME. Having found him out in the hall, they asked him where HIS room was. He didn't have one, but he had left the room door open, and he was no where near the door when they stopped him. So they start pushing open doors randomly, even though he was already under arrest. I was asleep on the couch in the room, and there was evidence of our prior partying. They burst into my room and arrested me as well for being under the influence even though I was asleep when they burst in.. Was this justified? I mean, they had their man, and weren't looking for me, and now I'm wondering if I have any rights?

nope. not in this situation.

 

[CdwJava]

I am on probation for possession of a controlled substance, due to finish my prop 36 in a month. I was having an evening with my man, partying, whatever, in a motel.

And, of course, this "partying" did not include any drugs, right?

Let me guess .. the reason you didn't do it at home was because one or both homes were subject to search so you did not want to have the cops discovering your stash or interrupting you?

The next morning, he goes to pay for another day, and is accosted by police officers that ran his license plate and decided to look for him because he was wanted for a parole violation.

Smart man ya got there.

Here's my question. The room was in my name. They were not looking for ME. Having found him out in the hall, they asked him where HIS room was. He didn't have one, but he had left the room door open, and he was no where near the door when they stopped him. So they start pushing open doors randomly, even though he was already under arrest. I was asleep on the couch in the room, and there was evidence of our prior partying. They burst into my room and arrested me as well for being under the influence even though I was asleep when they burst in.. Was this justified? I mean, they had their man, and weren't looking for me, and now I'm wondering if I have any rights?

HE is a wanted felon and subjetc to search with cause - including his room. YOU are on probation and subject to search even without cause. YOU have no right to privacy in this situation. The fact that they found your room even when they may not have been looking directly for you is simply an added bonus to their arrest.

It's nice to see how successful Prop 36 has been for you. What a great program Prop 36 is ... so successful in keeping offenders off drugs.

Fortunately for you - and sadly for the rest of society - Prop 36 gives you a couple free passes for dope arrests, so you will likely get another shot at it.

- Carl

 

[xylene]

Fortunately for you - and sadly for the rest of society -

Incarceration isn't so great for us taxpayers... Not that I have some magic panacea either.

This OP is a piece of work IF the story is true... I say that because this sounds like 'Homework in disguise" (I am confident I have seen this scenario worked before...) Plus the writing sounds formulaic and emotionally detacthed.

 

[CdwJava]

Incarceration isn't so great for us taxpayers... Not that I have some magic panacea either.

But we ARE paying the underlying costs from the related crime and the welfare that supports these folks. When they are in jail the financial aid generally ceases, they are not able to commit additional crimes or harm children or family members with their actions, and they can still obtain help to quit if they truly want to. The problem with Prop 36 is every doper knows it's a free pass and they readily take it KNOWING that there is no real penalty for failing to complete the program! And ANY rehab is going to fail if the participant does not choose to take the necessary steps to change their lifestyle to get out of the cycle of drug dependency ... and while Prop 36 grants access to these programs and ideas, it cannot change the heart and mind of the participant. The recidivism rate with Prop 36 is far higher than it's much more successful predecessor, Drug Court.

- carl

 

[xylene]

Like I said... I have no magic panacea. But I am not about to concede that incarecation is cheap.

I want something better than either of those outcomes.



Is Utopia too much to ask for!

 

[CdwJava]

Like I said... I have no magic panacea. But I am not about to concede that incarecation is cheap.

It may not be cheap, but it is often cheap-ER than letting them run loose.

I want something better than either of those outcomes.

I think they have banned most electro-shock therapy treatment programs.

Is Utopia too much to ask for!

That comes AFTER death.

- Carl