probation

[sKiTzo]

What is the name of your state? California

Can police kick your door in anytime they want to if you are on probation? If police come to your door and you are on probation and you do not answer the door and they think you are home, they still need a search warrant before kicking in the door. Is this not correct?

[Blue Meanie]

Originally Posted by sKiTzo

What is the name of your state? California

Can police kick your door in anytime they want to if you are on probation? If police come to your door and you are on probation and you do not answer the door and they think you are home, they still need a search warrant before kicking in the door. Is this not correct?

Nope. You are not correct.

[CdwJava]

Originally Posted by sKiTzo

Can police kick your door in anytime they want to if you are on probation? If police come to your door and you are on probation and you do not answer the door and they think you are home, they still need a search warrant before kicking in the door. Is this not correct?

The whole concept of probation with search stipulations is that you cannot refuse a search. No, they are generally not going to need a search warrant to make entry.

Next time, open your door.

Remember - probation is a privilege, not a right. They COULD send you back to jail or prison to serve the balance of your sentence. In fact, if you don't like probation then DEMAND to be sent to jail ... they just might grant your wish.

- Carl

[sKiTzo]

Really, when did they broaden the legal limitations to include whimsical kicking in of doors? Was this a recent change? Of course there are times when it is deemed proper to splinter up someone's front doorway (arrest warrant, search warrant) but general routine splinterings in the name of probation without even a probation officer present seems overboard. A P.O. makes arrangements with you or notifies you that they will be coming for a visit. I've seen instances where they would show up and suspect that they are home but not answering the door. They would then leave someone posted there while someone else goes to get a search warrant. After they obtain the warrant they would then proceed with the splintering. You may be right. Maybe it's not like that anymore. Please excuse my ignorance but if you could elaborate just a little...

[CdwJava]

Originally Posted by sKiTzo

Really, when did they broaden the legal limitations to include whimsical kicking in of doors?

You never said "whimsical". And, if they do any damage in the course of the search, they are liable for the damage.

Was this a recent change?

Uh ... no. It's been that way for about 20 years or more - at least that's as long as I have been involved in the field of law enforcement. They don't usually go forcing doors, but there is no legal precedent I am aware of that prevents the police or probation officers from doing so provided the person is on searchable probation.

Of course there are times when it is deemed proper to splinter up someone's front doorway (arrest warrant, search warrant) but general routine splinterings in the name of probation without even a probation officer present seems overboard.

You are free to make a claim for damages, AND to make a personnel complaint if you wish. It is very likely that the agency that booted the door will have to pay for any damages.

A P.O. makes arrangements with you or notifies you that they will be coming for a visit.

Your P.O. is very nice. Much of the time, surprise visits are far more informative for the P.O..

I've seen instances where they would show up and suspect that they are home but not answering the door. They would then leave someone posted there while someone else goes to get a search warrant.

Where's that?? I've been at this for a lot of years and have rarely seen them seek a warrant. There are situations when it would be ADVISABLE to get a warrant (when you KNOW there is evidence inside and you don't want to take any chances with potential suppression issues), but the current status of case law is such that law enforcement is likely to be on good ground by forcing the door in most instances.

After they obtain the warrant they would then proceed with the splintering. You may be right. Maybe it's not like that anymore. Please excuse my ignorance but if you could elaborate just a little...

Even with a warrant they are liable for damages in the service of the warrant.

Forcing the door of a probationer is a rare occurrence, but it does - and can - happen. It may well be against local policy, so, perhaps, a conversation with the administration of the agency involved would be in order.

- Carl