Search without Cause

[Gaterz quest]

What is the name of your state?
California
At about 11 pm three Fresno P.D. officers show up at my door step and barge in after I open the door. They ask for my brother, who has a felony and is on parole. He has done nothing but sit at home and look for jobs. His parole officer has only been at my home once, and that was after two months of my brother getting out, the parole officer only searched and said he was going to search his room. On the night in question the FPD officers belittled my brother and my finace, who was holding my nine month old child. They searched his room for about ten minutes, the couch, and then went into my room, which my brother does not go into at all. Can they do this without notice and without showing any papers or giving probable cause?

The Constitution of the United States of America
Amendment IV [Search and Seizure (1791)]
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS


SECTION 1. All people are by nature free and independent and have
inalienable rights. Among these are enjoying and defending life and
liberty, acquiring, possessing, and protecting property, and pursuing
and obtaining safety, happiness, and privacy.

[justalayman]

You might want to read up on the terms of your brothers parole and what he agreed to to recieve said parole.

Then if you do not like the reality of what he, and you, can be subjected to during his parole, you would want to ask him to move.

Recieving parole is not a ticket to total freedom. It does come with strings attached and the worst part is, those strings tend to entangle all those involved with the parolee as well.

[CdwJava]

Ditto. As long as you have a parolee living with you, your house and any room within it that he has access to is subject to search even without reasonable suspicion.

Don't you recall speaking to his parole officer before he moved in or soon afterwords? Typically they explain to the other residents that this can happen. Perhaps your brother told his parole officer you understood the ramifications.

If you do not like living under those conditions, tell your brother to move out.

- Carl