Bakersfield, CA asked in Criminal Law and Juvenile Law for California

Q: My son got into some trouble they did not put him on probation he's 15 the judge set another court hearing for 2 months

Probation came to my home and searched everything did not ask permission no one in my home is on probation is that a unlawfully search they wouldn't answer any questions I asked

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: It's understandable to feel concerned about the search conducted at your home. Generally, probation officers have certain authorities when supervising individuals on probation, which can include conducting searches without a warrant. However, since your son was not placed on probation, this authority may not apply in your situation.

Given that your son is a minor, there might be additional protections under juvenile law. Home searches typically require consent, a warrant, or specific legal conditions. If none of these apply, the search could potentially be unlawful. It's important to review any paperwork or court orders related to your son's case to understand the permissions granted to law enforcement.

To address this issue, consider consulting with a lawyer who specializes in criminal or juvenile law in California. They can provide guidance based on the specifics of your case and help determine if your rights were violated. Taking legal advice will ensure you understand your options and can take appropriate action moving forward.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.