P
prettywoman
Guest
My husband is on electronic home confiement in So. Calif serving 6 months on a theft charge (something dumb he did when he was drinking and was not intended to be a theft).
In any case, he learned from his PD that he would need to register as a Sex Offender here in our county, or risk another STRIKE on his record, for something that happened in another state about 10 years ago. This one time incident was also just a misdemeanor he pled to. His brother picked up a teen under 18 who looked and said she was over 18. My
husband (who I did not know at the time) happeed to be in the house his brother brought the girl back to where they later apparently had consensual sex. It came out later that the girl was underage and a
runaway and my husband's brother pled guilty to rape of a minor or something like that. My husband pled to "immoral communucations with a minor" because it was a misdemeanor offense with no jail time and he was scared of the harsher charges they threatened him with despite that he hadn't been involved.
Now years later, he has moved to So. CA and he suddenly is required to register here as a sex offender despite that it was a missdemeanor, out-of-state and more than 10 years ago (in the state where it happened,
you do not have to register a misdemeanor sex offenseafter 10 years.)
Suddenly, months after he registered in our county, two plain clothes detectives show up at our door this past Thursday. They tell him that although he just registered in October, he missed registering again
within 5 days of his birthday a few weeks ago. He did not know he needed to do this.
They came in, searched some of our cabinents then came upstairs to MY business office. They put a CD into MY corporation's computer and searched my files and possibly installed something to watch where I or my husband go on line. I had been sleeping and walked in in the middle of this.
I was groggy and did not understand what was going on and did not want to cause trouble for my husband by demanding a warrant and to know what they were doing.
My husband did not give them permission to do this, nor do I beleve he could legally, because a CORPORATION he has NO interest in, and in which even I am not a control shareholder, owns the computer and what is on
there is the private business of that corporation and myself.
They did ask my husband if he had access to a computer and the only thing he told them was that he ocassionally played games on the Net on my business computer in my office.
With this, they just "helped themselves."
I believe my husband MAY have signed a document with OC Probation that says he waives his right to a search warrant while on home confinement. (I am not even sure of this but we are looking for the document to
check). But even if this is the case, I don't think that waiver can transfer to waive MY civil rights and those of a seperate CORPORATION,can they?
Of course the detectives (from OC Sherrif) found no adult material or internet visits to adult sites. My husband is not in to that and the computer is used almost exclusively for business.
Clearly they can come back any time they want and do this again. My business computer has trade secrets and sensitive documents to policy makers on it. I have a fiduciary duty to protect the corporation's legal trade secrets and privacy.
Moreover, I feel personally violated.
If the fact that my husband has ever used this computer, not belonging to him, gives them a right to search the computer, then that precedent would mean they could search the neighbor's computer, or the one at
Kinko's, also without a warrant. My good sense says, "I don't think so."
They never presented a warrant, gave us no business cards (just flashed badges quickly), and did what they wanted. They never told me exactly what they were doing with the CD they put into my computer except they asked my husband, "Do you have pornography in the house, or do you go online to pornographic sites." They asked me how I got my Internet
connection and looked at my browser's bookmarks. I could not see what he was doing, what he looked at or whether he even may have installed some "snoop" program on my computer.
I did not want to make waves for my husband. But I would like to know my rights for if they come back. Were the Civil Rights and Rights to Privacy of myself and the corporation violated when they snooped into my computer (or whatever tey did). Am I right that just because my husband admitted he plays games on it ocassionally, that any paperwork he signed with Probation regarding waiving a warrant while on Home Confinement
DOES NOT waive MY rights and my corporation's rights to have to be served a warrant???
They were on a fishing expedition...and it is dangerous precedent right here in Souther California.
What can you tell me about this?
Best regards,
PW
In any case, he learned from his PD that he would need to register as a Sex Offender here in our county, or risk another STRIKE on his record, for something that happened in another state about 10 years ago. This one time incident was also just a misdemeanor he pled to. His brother picked up a teen under 18 who looked and said she was over 18. My
husband (who I did not know at the time) happeed to be in the house his brother brought the girl back to where they later apparently had consensual sex. It came out later that the girl was underage and a
runaway and my husband's brother pled guilty to rape of a minor or something like that. My husband pled to "immoral communucations with a minor" because it was a misdemeanor offense with no jail time and he was scared of the harsher charges they threatened him with despite that he hadn't been involved.
Now years later, he has moved to So. CA and he suddenly is required to register here as a sex offender despite that it was a missdemeanor, out-of-state and more than 10 years ago (in the state where it happened,
you do not have to register a misdemeanor sex offenseafter 10 years.)
Suddenly, months after he registered in our county, two plain clothes detectives show up at our door this past Thursday. They tell him that although he just registered in October, he missed registering again
within 5 days of his birthday a few weeks ago. He did not know he needed to do this.
They came in, searched some of our cabinents then came upstairs to MY business office. They put a CD into MY corporation's computer and searched my files and possibly installed something to watch where I or my husband go on line. I had been sleeping and walked in in the middle of this.
I was groggy and did not understand what was going on and did not want to cause trouble for my husband by demanding a warrant and to know what they were doing.
My husband did not give them permission to do this, nor do I beleve he could legally, because a CORPORATION he has NO interest in, and in which even I am not a control shareholder, owns the computer and what is on
there is the private business of that corporation and myself.
They did ask my husband if he had access to a computer and the only thing he told them was that he ocassionally played games on the Net on my business computer in my office.
With this, they just "helped themselves."
I believe my husband MAY have signed a document with OC Probation that says he waives his right to a search warrant while on home confinement. (I am not even sure of this but we are looking for the document to
check). But even if this is the case, I don't think that waiver can transfer to waive MY civil rights and those of a seperate CORPORATION,can they?
Of course the detectives (from OC Sherrif) found no adult material or internet visits to adult sites. My husband is not in to that and the computer is used almost exclusively for business.
Clearly they can come back any time they want and do this again. My business computer has trade secrets and sensitive documents to policy makers on it. I have a fiduciary duty to protect the corporation's legal trade secrets and privacy.
Moreover, I feel personally violated.
If the fact that my husband has ever used this computer, not belonging to him, gives them a right to search the computer, then that precedent would mean they could search the neighbor's computer, or the one at
Kinko's, also without a warrant. My good sense says, "I don't think so."
They never presented a warrant, gave us no business cards (just flashed badges quickly), and did what they wanted. They never told me exactly what they were doing with the CD they put into my computer except they asked my husband, "Do you have pornography in the house, or do you go online to pornographic sites." They asked me how I got my Internet
connection and looked at my browser's bookmarks. I could not see what he was doing, what he looked at or whether he even may have installed some "snoop" program on my computer.
I did not want to make waves for my husband. But I would like to know my rights for if they come back. Were the Civil Rights and Rights to Privacy of myself and the corporation violated when they snooped into my computer (or whatever tey did). Am I right that just because my husband admitted he plays games on it ocassionally, that any paperwork he signed with Probation regarding waiving a warrant while on Home Confinement
DOES NOT waive MY rights and my corporation's rights to have to be served a warrant???
They were on a fishing expedition...and it is dangerous precedent right here in Souther California.
What can you tell me about this?
Best regards,
PW