Can a probation officer request an serve a serch warent on someone that is not on probation? 5 Answers as of June 23, 2011

A probation officer got a search warrant for me and my home said I was some kind of drug dealer all on someone’s hearsay anyway I am not on probation so is not there some type of jurisdictional boundary. I thought a probation officers power was limited to their probationers.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
A probation is a law enforcement officer and thus he can apply for a warrant if he suspects a crime has been committed. The situation you describe is very unusual but not illegal.
Answer Applies to: California
Replied: 6/23/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
First of all, it sounds as though you have been victimized by some kind of "cowboy" Probation Officer. It is clearly not a Probation Officer's duty to seek, obtain and serve search warrants for non-probationers. Law enforcement can do so if they properly apply for the warrant and there is probable cause for its issuance. You did not mention whether or not the search yielded any incriminating evidence. However, you can challenge the search with a Penal Code section 1538.5 motion, alleging lack of probable cause or false information,and move to disclose the name of the informant (Hobbs and 'traverse and quash' the warrant. Then, any evidence found would be suppressed, and the case dismissed (the D.A. would have no other choice).
Answer Applies to: California
Replied: 1/9/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Any properly issued search warrant can be executed by law enforcement. If you were arrested, then you can fight it. You can raise all available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for various suppression motions, plea-bargaining or at trial. If you don't know how to do these things, then hire an attorney that does, who will try to get a decent plea bargain for you. If serious about doing so, feel free to contact me.
Answer Applies to: California
Replied: 1/7/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
You should sit down and discuss your case with an attorney. Warrants have to be signed by a judge. Your attorney will be able to review if it is a valid warrant.
Answer Applies to: California
Replied: 1/6/2011
Desert Defenders
Desert Defenders | John Jimenez
They are cops and they try to act like them. They can obtain search warrants. They shouldn't, because the taxpayers aren't paying them to do that. But, they can.
Answer Applies to: California
Replied: 1/6/2011
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