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    I was put on a 3 year probation in Alameda County (California)about 1-1/2 yrs ago for a pocession of a controlled substance charge. In my probation terms although it is misdemeanor probation I have a 4 way search clause.

    Recently I had a family member at my home who violated a restraining order. Law enforcement came to my home (knowing only that this is where they could find this person) with a arrest warrant. I was in the shower at the time the officers knocked at the door. My oldest daughter came and told me they were at the door, since it was known that he broke the restraining order we knew why the officers were at the door, I told her to anwser the door and get the person they came for. She opened the door, they asked for this person, she said hold on she would get him. The officers came inside followed her down the hallway, apprehended who they had the warrant for, then rather than going on with their business they gathered me and the others in my home. I was trying to get dressed for a new job I started only 2 weeks prior. Still not knowing my name they proceeded to search my home and asking questions. I told them once they asked if anyone was on probation that I was, which they found I was and that I had the search clause. In the end they arrested me for under the influence. I told the officers I was going to lose a job a liked a lot, I only started a couple weeks ago the response I got was " You can always get another job" they told me I would be cited out and should be out in a couple of hours. I was cited out but this happened at 7:00 am I was finally cited out at about midnight. I lost a job that paid very good and I really liked. Yes, the test results were positive for under the influence, not from that morning or even the night before but from the weekend. When I originally went to court the case was pending by the DA's office. But now have been informed they are pressing charges. Is this how our system works, go into someones home to make an arrest, get the person they came for, then go on to arrest someone in their own home for under the ifluence, causing them to lose their job, now face possible time for this. They didnt come to do a probation search at my home, they came with a particuliar warrant for a particuliar person. I know that if they came to my home and wanted to do a search that it would be legal. However this is not why they came. To make it even worst we know the person on the other end of the restraining order that was broken, we knew they had contacted authorities, we advised them they should, now this person will be reluctant to ever contact the authorities again because of how I was arrested & lost my job. Is this a fightable case. I wonder how these officers would feel if they lost their job could they just go out and find another one.....I still hav'nt.
    Thank you for your time. Any advice or information you can give is appreciated.

  • #2

    You could possibly file a complaint but once they are there they do have the right to act on other issues they reasonably discover...


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