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  1. CdwJava

    Arrest, Search, Seizure, Warrant Is this a constitutional search on school grounds?

    Much of the time they are paid for, in part, by the school district and that may well be how that loophole was created. But, it's nice to have because it gives that officer (or those officers) expanded search ability on campus. Really nifty for gang cases! For instance, a kid with gang...
  2. CdwJava

    Running plate without probable cause

    But, if you have a registered owner who IS suspended, and the driver appears to be the driver, then you have the possibility of a public offense being committed in your presence. It's not the same as simply pulling someone over because they MIGHT be.
  3. CdwJava

    15 year old Girl dating a 30 year old

    Of course to charge PC 272 we'd have to show that the adult was in some way contributing to the child's disobeying their parents, committing crimes, or otherwise falling under W&I 601 or 602. But, it is well worth considering depending on the facts.
  4. CdwJava

    false arrest

    What do you mean you were "falsely arrested and convicted"? Did the complaining party or officer make everything up out of whole cloth? You were minding your own business and suddenly someone made all of this up about you and then at trial you could not convince a jury that it was all lies...
  5. CdwJava

    Arrest, Search, Seizure, Warrant Is this a constitutional search on school grounds?

    That is the beauty of having a School Resource Officer program - at least in CA. SROs are given the status of school staff for such things as searches of students and upon school grounds using the lesser standard which is essentially articulated reasonable suspicion rather than the probable...
  6. CdwJava

    Running plate without probable cause

    Even in CA if we run a license plate and check the R/O's driving status and it comes back suspended, and the driver could be the R/O, we can make an investigative stop based upon reasonable suspicion that a public offense is being committed. However, upon identification that the person is NOT...
  7. CdwJava

    is it legal for a probation officer to run plates for Their own use?

    If she ran your plates for her PERSONAL use, how did it end up in a criminal case against you? And did she "run" your plates, or merely take note of them? Yes, it is against the law to run plates for PERSONAL use ... however, running them for any form of official use is perfectly legal. And...
  8. CdwJava

    Juvenile Crime Petty Theft/ Shoplifting in California (Juvenile?)

    PC 484 is merely the definition for theft. Some counties have the officers charge this so that the DA can make the determination as to which of the petty theft or shoplifting offenses they might wish to charge. The end result should be the same - a charge for petty theft/shoplifting per PC 488...
  9. CdwJava

    Appeal, Pardon, Motion, Writ Merced CA 2strikes feloney probation get vop

    If you were arrested for a VOP on a crime with a 10 year sentence hanging over you, and you are here to post online, I have to ask: How did you get out of jail?? If you had the money for bail, why don't you have the money for rent or a room somewhere? Your being kicked out of the house did...
  10. CdwJava

    Alcohol & Drugs: DUI, DWI Mr Pitts

    It can be particularly amusing - and naive - for people to equate no charges filed, or even a dismissal, as being the same thing as an "unlawful" detention or arrest. Now, assuming that he is still being prosecuted, this post becomes even MORE puzzling.
  11. CdwJava

    Drug Crimes, Substance Abuse Why is my sentence longer than legal maximum

    While I hear a lot of people complain about being on probation, I see very few choosing incarceration over probation. Those that DO choose the jail time tend to want to go back to their criminal ways unfettered by the possibility of searches interfering with their "career" opportunities.
  12. CdwJava

    Drug Crimes, Substance Abuse Why is my sentence longer than legal maximum

    It is not uncommon for probation time to greatly exceed the jail time. A person could face 60 days in jail and still get three years of probation with that time hanging over their head. The alternative might be to choose to serve the 180 days and get out of jail without any probation, if that...
  13. CdwJava

    Alcohol & Drugs: DUI, DWI Mr Pitts

    So, are you saying that you were NOT impaired at all, had not consumed alcohol or taken any medication and the police made up the reason for the stop and/or their reasons for the arrest? Can you prove they made it all up?
  14. CdwJava

    15 year old Girl dating a 30 year old

    If they are simply dating (i.e. holding hands, going to the movies, etc.) then this is deviant and sick behavior but not - in and of itself - criminal. However ANY form of sexual activity will be a felony! Or, depending on the activity, MULTIPLE felonies. They might want to read up on PC...
  15. CdwJava

    Juvenile Crime Petty Theft/ Shoplifting in California (Juvenile?)

    You were probably given a citation with a criminal charge on it - what was that charge? I suspect it will be for a misdemeanor for PC 488 and/or PC 490.5 since the value of the items seems to be about $70. If you were cited into juvenile court, mom and dad may be notified and may be required to...
  16. CdwJava

    T Intersection Stop Sign; Who's at Fault

    Don't forget to report this to the DMV if the damages exceed $750 (DMV SR-1). You have 10 days to make this report. Failure to make this report could result in a license suspension. In theory it seems as if the other party would be at fault for the unsafe entry into traffic. But, if she...
  17. CdwJava

    Children of Opposite Sex Sharing a Room

    Ditto. There is no law that requires separate bedrooms for children of different genders. If you could not feed or clothe the children, THAT might be a problem. But, having them share a bedroom should not be.
  18. CdwJava

    Sherri Wood

    Yeah, it wouldn't be the first time an officer treated a minor as an adult. We booked one into the main jail a month ago ... it was not until mom started calling around that we discovered the error and had to release him from the jail and take him to the juvenile hall.
  19. CdwJava

    Parole, Probation changing you address

    He can either abide by the rules set out by his Probation Officer, or, he can risk being returned to jail. He should ask what other evidence might be sufficient to prove his residency in that new location. Maybe a cancelled check for the rent? And if he is dodging bill collectors, then he...
  20. CdwJava

    Sherri Wood

    Yes, the police are permitted to detain and investigate suspected wrongdoers. Whether they had a requirement to notify you of his arrest/detention or not depends on the law and policy. And there is nothing inherent unlawful about being placed in adult holding, though it might violate some...
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