Legal or Illegal

[mannyg12]

Santa Ana, California

My Brother was recently arrested for probation violation. The "Gang unit" entered my Grandmas house with no search warrant. My brother is on probation, this is the second or third time that they have done this within the past couple of months, the "Gang Unit" says they will continue to arrest him until he is out of there. Is this legal? Can an officer enter a house with no warrant and arrest someone on probation with no probation office present for no reason? I looked up his charge and its for REARREST/REVOKE PROBAT
Thank you in advance for your advice.

 

[CdwJava]

My Brother was recently arrested for probation violation. The "Gang unit" entered my Grandmas house with no search warrant. My brother is on probation,

Since most probation conditions include search stipulations (i.e. a waiver of his Constitutional rights unde rthe 4th Amendment) they don't generally need a warrant to enter his residence.

And if it's the Gang Unit, then chances are he's not a choirboy.

this is the second or third time that they have done this within the past couple of months,

We might search our local probationers 2 or 3 times in ONE month. He might be getting off lucky.

the "Gang Unit" says they will continue to arrest him until he is out of there. Is this legal?

As long as he keeps violating probation, yes. If they don't catch him in a violation, they won't be able to arrest him.

Can an officer enter a house with no warrant and arrest someone on probation with no probation office present for no reason?

They can go in and search without reasonable suspicion or probable cause, and they do not need the P.O. to be present (provided his probation has search conditions). And they can arrest him for any violation of the law or for a violation of the conditions of his probation.

- Carl

 

[Son of Slam]

Is your brother HELLTACO?