DOC violations

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Latest post 07-03-2006 12:25 PM by Ford. 8 replies.
  • 07-01-2006 11:56 PM

    Question [=?] DOC violations

    I have a friend whos probation officer came over to my home where my friend was packing my boxes to move since I was at work, his probation officer along with a police officer knocked on the door of MY apartment so my firend answered the door they pushed the door in and arrested him on a DOC violation, then proceded to search my home remember this IS NOT his DOC address this is not even his home and searched with out a search warrent, well supposadly the officer found a small amount of drugs how I do not know they may have been planted but now my firned is being charged with a drug violation. What do you think of this. Was this even legal to search my home with out a search warrent, this is my home not my friends. Can any help me to maybe give him some advise? Thanks so much for all you time!!
  • 07-02-2006 1:08 AM In reply to

    re: DOC violations

    This is going to be very specific to both the facts of the case, and the laws of WA state. In many cases, a probationer, in accepting probation, gives consent to the search of any property he is in.

    If you were out and he was there alone, he would probably be a competent person to give consent to a search.

    You need to speak to a local attorney.

    Richard
  • 07-02-2006 1:10 AM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on 12-09-2000
    • NV
    • Posts 5,191

    Feedback [*=*] re: DOC violations

    In some circumstances, the search could be valid as to him and invalid as to you. consult with a criminal defense attorney.
  • 07-02-2006 2:28 AM In reply to

    Question [=?] re: DOC violations

    So if he was somewhere like McDonalds for example, are the PO's going to search the whole MCDonalds place and what ever they find he is responsible, how can they search certing places with out a search warrent espically the place NOT being his own DOC address?? Thanks again
  • 07-02-2006 10:03 AM In reply to

    • CdwJava
      Consumer
    • Top 75 Contributor
    • Joined on 02-20-2003
    • CA
    • Posts 910

    Feedback [*=*] re: DOC violations

    Why did the probation officer and a police officer come to YOUR home looking for the fellow on probation? Had he been staying with you?

    If he had been staying with you, the issue becomes less convoluted.

    And the officers would generally have a right to search areas in the immediate vicinity of the probationer, and possibly areas where he had access to (perhaps in boxes he admitted to packing). So it might depend on where the drugs were found and HOW they were found as to whether or not the evidence could be suppressed.

    Your friend needs to speak to his attorney as this could be a very fact-specific matter.

    - Carl
  • 07-02-2006 1:48 PM In reply to

    Question [=?] re: DOC violations

    NO his DOC address and the place that he stays is his mothers home he was just over at my home helping my becuase I was lik 7 months pregnant and also at work, no he does not stay or live there so that is why I wonder what business they had searching the place with out a warrent
  • 07-02-2006 2:20 PM In reply to

    Feedback [*=*] re: DOC violations

    If he had a search condition as part of his parole or probation, he can't object to the search. Obviously they came specifically looking for him and it's an easy bet that they had specific information that led them to your home at the time they showed up. You would be able to challenge the search or at least its scope since he didn't live there and it's your home but you weren't there and he can't assert your rights to object to the search. He needs an attorney.
  • 07-03-2006 12:25 PM In reply to

    Feedback [*=*] re: DOC violations

    "I wonder what business they had searching the place with out a warrent"

    If he's on probation or parole he normally would have waived his rights against search. If they had an arrest warrant, that normally serves as a limited search warrant to allow them to enter if they know he's there. If they had an arrest warrant they could normally search his "grab area" pursuant to the arrest. They may have had the right to go through the residence for officer safety.

    Moreover, any violation of YOUR rights would normally not be a defense to him.
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