parents rights

[socal0012]

What is the name of your state?Ca. Question Can a peace officer come into our home when we are not here?or our son which was her claim and why she was without his p.o. or any other officers what is my legal standing. please, help thank you

 

[CdwJava]

Question Can a peace officer come into our home when we are not here?or our son which was her claim and why she was without his p.o. or any other officers what is my legal standing. please, help thank you

Was this for a probation search? Your post is a little unclear.

If for probation, yes, they can enter if you aren't there. If your son has search stipulations on his probation, then any peace officer may generally conduct a search under those conditions as appropriate.

- Carl

 

[socal0012]

Was this for a probation search? Your post is a little unclear.

If for probation, yes, they can enter if you aren't there. If your son has search stipulations on his probation, then any peace officer may generally conduct a search under those conditions as appropriate.

- Carl

she was the arresting officer for a vand. crime and knows we work in the house for 1/2 hour does not seem right or legal

 

[CdwJava]

she was the arresting officer for a vand. crime and knows we work in the house for 1/2 hour does not seem right or legal

You are still unclear ... why was the officer in the house? Was she there to question your child? To arrest him?

A peace officer in CA has a right to speak to a juvenile with regards to a crime. A child has the same rights as anyone else when iot comes to talking to the police. However, a child can assert their right to talk to a parent which is given essentially the same weight here as a request to speak to an attorney.

The officer is free to talk to the juvenile as he is anyone else. Unless the child asserts his right to speak to an attorney or parent, the officer is under no legal obligation to wait for mom and dad or to notify them unless she has taken your son into custody. Even then, the notification only has to be done in a reasonable time frame and not necessarily immediately.

If your son was on probation with search conditions, the officer had the right to be wherever the probationer had access - it's one of the pitfalls of living with someone on probation.

As frequently happens, the child on probation is home alone when we contact them (it's one reason they get in trouble - a lack of immediate supervision). This is common practice and often unavoidable.

What happened, and what do you want to have done about it? If you are simply upset because the officer was at your home without you, well, generally this is not an issue in CA - especially if the child was on probation.

- Carl

 

[socal0012]

You are still unclear ... why was the officer in the house? Was she there to question your child? To arrest him?

A peace officer in CA has a right to speak to a juvenile with regards to a crime. A child has the same rights as anyone else when iot comes to talking to the police. However, a child can assert their right to talk to a parent which is given essentially the same weight here as a request to speak to an attorney.

The officer is free to talk to the juvenile as he is anyone else. Unless the child asserts his right to speak to an attorney or parent, the officer is under no legal obligation to wait for mom and dad or to notify them unless she has taken your son into custody. Even then, the notification only has to be done in a reasonable time frame and not necessarily immediately.

If your son was on probation with search conditions, the officer had the right to be wherever the probationer had access - it's one of the pitfalls of living with someone on probation.

As frequently happens, the child on probation is home alone when we contact them (it's one reason they get in trouble - a lack of immediate supervision). This is common practice and often unavoidable.

What happened, and what do you want to have done about it? If you are simply upset because the officer was at your home without you, well, generally this is not an issue in CA - especially if the child was on probation.

- Carl

1st of all lack of judgement should not be mistaken with a lack of supervision as for the "we" part its clear to me that you can not give a objetive opinion, if he was home it would not be a problem but he was not and how many probation searches have you done by yourself officer?not many I bet for obvious reasons

 

[stealth2]

1st of all lack of judgement should not be mistaken with a lack of supervision as for the "we" part its clear to me that you can not give a objetive opinion, if he was home it would not be a problem but he was not and how many probation searches have you done by yourself officer?not many I bet for obvious reasons

You might find that you get better input if you actually describe the situation clearly and in complete and coherent sentences. If you can't be bothered to do that, don't expect to get any useful information.

 

[CdwJava]

1st of all lack of judgement should not be mistaken with a lack of supervision as for the "we" part its clear to me that you can not give a objetive opinion, if he was home it would not be a problem but he was not and how many probation searches have you done by yourself officer?not many I bet for obvious reasons

I'm sorry if you took my statement as an insult somehow, but the truth is that most the kids that I deal with on a regular basis generally have a lack of parental supervision by choice or circumstance. I was NOT making a value judgmenent on whether you were doing anything right or wrong.

Opportunity is the enemy of a good kid. Allowing a child unsupervised, unstructured time statsitically increases his chance of getting in to legal trouible astronomically (depending on the circumstances it can be by more than 400%).

And it's very hard to figure out what you are asking and what happened, so if nobody can understand the query how can an answer be posted.

So, you are saying that NOBODY was home and the officer did a search anyway? I'm curious how the officer got in.

And if you are asking how many probation searches I have done by myself, I'd have to say quite a few. If you were to ask how many I have done where NOBODY has been home, I'd have to say none ... I don't carry keys to other people's homes around with me.

- Carl

 

[AHA]

1st of all lack of judgement should not be mistaken with a lack of supervision as for the "we" part its clear to me that you can not give a objetive opinion, if he was home it would not be a problem but he was not and how many probation searches have you done by yourself officer?not many I bet for obvious reasons

I can promise you, that by getting snippy with people trying to get all the information out of you in order to help you, will get you ZERO advice.

Type out the whole story, people here aren't mind readers, or look for help somewhere else. You want answers, you HAVE to give information.
Take it or leave it.

 

[Skills101]

1st of all lack of judgement should not be mistaken with a lack of supervision as for the "we" part its clear to me that you can not give a objetive opinion, if he was home it would not be a problem but he was not and how many probation searches have you done by yourself officer?not many I bet for obvious reasons

And how many "F's" did you get for English in grammar school? A dozen, I bet, for obvious reasons. Please, read others' posts carefully, then type with concise, complete, and comprehendible sentences, using punctuation marks wherever needed...