Question regarding Parole Search in CA

[sryan]

What is the name of your state (only U.S. law)? CA
If a parolee is pulled over for a traffic violation and after they search him and his vehicle
and find nothing illegal, are they allowed to handcuff him and put him in the back of their police car and drive him
back to his house so they can search?

 

[CdwJava]

What is the name of your state (only U.S. law)? CA
If a parolee is pulled over for a traffic violation and after they search him and his vehicle
and find nothing illegal, are they allowed to handcuff him and put him in the back of their police car and drive him
back to his house so they can search?

Interesting ... I wouldn't see the point in that, because the officers can search the house anyway. Clearly they suspected something.

Is it typical? No. CAN it be done ... my gut says, no, because what you describe is effectively an arrest and not a detention. Even being on parole does not give law enforcement the right to arrest someone without probable cause. Now, if the parole officer has said they are revoking parole, that's a different issue. But, if that were to happen, then the parole search AFTER the arrest may not be valid.

 

[sryan]

It just doesn't seem right, we were on our way to pick a friend up from the hospital and me and my husband were pulled over and they searched us which was fine.
They didn't find anything illegal but they took him in the police car back to the house and made me stay in a parking lot with our car and another officer. I was unable to leave or use my phone so I could not inform our friend waiting at the hospital for us what was going on. When they got to our house they realized they didnt have a key to get in because it was on the keyring with the car key so they had an officer drive all the way back to us and got the key from me.

 

[You Are Guilty]

More importantly, what, if anything, did they find at the house?

If there was nothing there, then while this was certainly an inconvenience and quite possibly in infringement of rights, as a practical matter, there really isn't much that can be done about it.

 

[HighwayMan]

My spider senses say that there is more to this story than meets the eye.

 

[sryan]

oh they did find something in our apartment but thats irrelevant ... I just wanted to know if it is legal what they did.

 

[CdwJava]

It may very well be that they were acting on more than simply a hunch. It sounds like they had some intel as to what he was up to.

No matter the situation, I suspect the search will be good. If he wants to complain about the transportation while detained, he can. But, he will almost certainly have to deal with the charges and revocation stemming from his newly discovered criminal activity.