Parolee Search

[Will2ell]

In the state of California who must conduct a parole seach?

Can a parole search be done by any neighboring Police Department? To my understanding per your website http//criminal- law.freeadvice.com/criminal- law/paroleprobation/parolesearchwarr ant.htm the parole agent has to do a parole search however they can get assistance from the Police Department as a standby. Basically to can just any neighboring Police Department decide that because you're on parole to come and do it parole search. Or someone files a report against you based on that report and that report alone can the Police Department come into your house stating to be on a parole search however looking for a specific item without a warrant?

 

[CdwJava]

In the state of California who must conduct a parole seach?

Who MUST conduct it? No one "must." Any law enforcement officer or Parole officer CAN conduct a search of a parolee, his property, and his possessions even without reasonable suspicion.

Can a parole search be done by any neighboring Police Department?

Yep!

To my understanding per your website http//criminal- law.freeadvice.com/criminal- law/paroleprobation/parolesearchwarr ant.htm the parole agent has to do a parole search however they can get assistance from the Police Department as a standby.

That is true in many states, but NOT in CA. We have among the broadest search conditions in the US.

Basically to can just any neighboring Police Department decide that because you're on parole to come and do it parole search.

Yep. When you are on parole or probation and subject to search stipulations (aka a "4th waiver" condition), the convict essentially has an open door to law enforcement.

Or someone files a report against you based on that report and that report alone can the Police Department come into your house stating to be on a parole search however looking for a specific item without a warrant?

Generally, the search can be conducted without a warrant.

Here is just a little bit of the law on parole searches:

All California parolees are subject to a search condition. (Pen. Code, § 3067; Cal. Code of Regs., tit. 15, §§ 2511, 2512; Schmitz (2012) 55 Cal.4th 909, 916;Middleton (2005) 131 Cal.App.4th 732; Lewis (1999) 74 Cal.App.4th 662, 668.) This mandatory search term does not require that the parolee sign an agreement or consent to the search condition. (Pen. Code, § 3067.) Random, warrantless, suspicionless parole searches do not infringe on any reasonable expectation of privacy, so long as the searches are reasonable in their manner and execution. (Reyes (1998) 19 Cal.4th 743.)

In Samson (2006) 547 U.S. 843, the United States Supreme Court validated California's parole search law and held that suspicionless searches of parolees are not prohibited under the Fourth Amendment. Parolees, unlike average citizens, do not have a legitimate expectation of privacy under the Fourth Amendment based on their parolee status and the plain terms of their parole search condition.​