Probation does NOT mean all constitutional rights are lost and waived. | Brennan v. Dawson.

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  • Опубликовано: 18 ноя 2024

Комментарии • 53

  • @methanesprings4085
    @methanesprings4085 6 месяцев назад +2

    Probation seems like modern day slavery actually.

  • @playdoh2143
    @playdoh2143 5 лет назад +7

    My husband was on probation and one day while I was home alone taking a bath, I hear someone come into my house and walking around. I accidentally left the front door unlocked. Freaked out, I asked “who’s there?” He was silent for a few minutes and then replied that he was my husbands probation officer so I told him my husband wasn’t home, that I was home alone and taking a bath if he could come back later but he wouldn’t leave.
    He tried to come into the bathroom several times but thankfully I had that door locked. I had left my clothes in my bedroom and didn’t feel comfortable opening the door in a towel but he was insistent that I open the door. He didn’t tell me why and I kept telling him that no one was in the bathroom with me, that I was taking a bath and didn’t feel comfortable opening the door in a towel. Multiple times he tried to open my locked bathroom door. I could see and hear him trying the door knob and I asked him to please go outside while I got dressed and whatever he was there for I would assist after I was dressed. He made it clear that he would not leave until I opened the door so I got out of the tub and wrapped myself in a towel and right before I opened the door my brother in law came home for lunch and dealt with the probation officer. He left right afterwards.
    Was this legal for the PO to do? He was outside the bathroom door for about 10-15 (maybe even 20) mins but it felt like hours. I felt like I was being harassed and felt unsafe. He really creeped me out by being so quiet between my questions like he was contemplating something. I was very frightened and felt like I was in danger. Thankfully my brother in law came home when he did.
    This has stayed with me for years and I never leave my door unlocked anymore. I have always wondered what would have happened if my bro in law didn’t show up when he did and if this PO broke the law by just letting himself into my home without knocking(if he did knock I didn’t hear him and he definitely did not announce himself when he came inside, he only announced himself when I asked who was there after a long uncomfortable pause. I wish I remembered his name and wish I had reported it. I wonder what ever became of him. I feel like he was involved in some unsavory things.

    • @Ben-nx7yy
      @Ben-nx7yy 4 года назад +5

      thats frightning, had i been in your situation with a gun i might have tried firing it, no one should walk into someones home

    • @playdoh2143
      @playdoh2143 4 года назад +1

      @@Ben-nx7yy it was scary. It felt like he would have done anything to get that door open. All I could think about was the scene from "The Shining" when Jack Nicholson used an axe to break through the door. Thank goodness my bro in law came home when he did (even though he wasn't supposed to) because I had my hand on the door knob and would have opened it if I didn't hear Mike(bro in law) ask the PO wtf he was doing. Mike doesn't take any shit and I'm sure the PO was freaking out thinking he was gonna get away with whatever he had planned. I said too much about how no one would be home until after 5pm and it was only 11-12.
      Now I make sure all the doors are locked, twice, before taking a bath. That'll stick with me forever. I wish I would have reported it but j was young and naive at the time and didn't know any better.
      Ppl on probation and family members who live with them should get a handbook about what PO's are/aren't allowed to do.

    • @anncrane1097
      @anncrane1097 2 года назад

      That’s horrifying.

    • @GeSta1967
      @GeSta1967 2 года назад +1

      @@Ben-nx7yy She has legal grounds to shot the intruder, even if her husband shouldn't have guns in the house. Her Rights still exsist, even though her husband has lost some freedom's, being his wife doesn't automatically surrender her Constitutional protections, like the right to take a bath in privacy.
      Just know I'm on the outside looking in, but from what she wrote in the comments, she might still have a case she can bring against the PO Perv.
      A PO's job is to know, where the person on probation lives, who they're dating, living with, married to, where an when they work, who's yhe parents, how many kids they have, who his close friends are and what they drive, on an on.
      So for the PO Perv to stop by when he prolly knew her husband wouldn't be home, the proof is in the pudding when the PO went in her house without announcing loud and clearly his presence. The PO had something in mind and following the law wasn't it.
      Some of these low life scums get off on having the power to take a person's freedom. Some use that power as a tool, maybe even threaten to take her husband away if she don't give up what he wants. Sorry but that's a more believable story then the lame excuse the PO Perv gave her brother-in-law for being in the house demanding she open up the bathroom door even if she's not dressed.

    • @beardedabrandino1421
      @beardedabrandino1421 Год назад

      Technically , u were in fear of your life when u told him your husband was not there and he tried to open the door if u would of shot him that would of been on him .

  • @dustincongello5802
    @dustincongello5802 4 года назад +5

    Haven't seen a mustache that iconic since the iron sheik

    • @LAWSTACHE
      @LAWSTACHE  4 года назад

      Great comment! Thank you for watching and subscribe!
      Anton Vialtsin, Esq.
      LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
      lawstache.com
      AntonVialtsin@gmail.com
      185 West F Street Suite 100-D
      San Diego, CA 92101
      (619) 357-6677

  • @passiveaggressiveflamingo6851
    @passiveaggressiveflamingo6851 11 месяцев назад

    Loving that jacket, Sir

  • @tattooedsoutherncali805bik3
    @tattooedsoutherncali805bik3 4 года назад +1

    So as a probation officer they need to have a search warrant to search personal belongings even though there search terms

  • @jimmyrobinson4629
    @jimmyrobinson4629 19 дней назад +1

    I have a story that included my family in getting evicted. How can I get a hold of you?

    • @LAWSTACHE
      @LAWSTACHE  19 дней назад

      You can call or email me. Thank you!

  • @Sammy-em1pq
    @Sammy-em1pq 5 месяцев назад

    What if your phone isnt in your possession? It's in surgery room while you in ICU recovering

  • @motodoe8208
    @motodoe8208 4 года назад +1

    Would I be able to obtain security clearance while on probation for work

    • @LAWSTACHE
      @LAWSTACHE  4 года назад +1

      You need to consult with your attorney and carefully read the job requirements. Some employers do not permit you to even be arrested or charged (depending on the level of clearance). Thanks for watching my channel!
      Anton Vialtsin, Esq.
      LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
      lawstache.com
      AntonVialtsin@gmail.com
      185 West F Street Suite 100-D
      San Diego, CA 92101
      (619) 357-6677

  • @anm2945
    @anm2945 4 года назад

    Thank you.

    • @LAWSTACHE
      @LAWSTACHE  4 года назад

      Thank you for your support!
      Anton Vialtsin, Esq.
      LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
      lawstache.com
      AntonVialtsin@gmail.com
      185 West F Street Suite 100-D
      San Diego, CA 92101
      (619) 357-6677

  • @turbopokey
    @turbopokey Год назад

    Here’s a question; probation person on s-offender registry has monitored phone and watches videos on RUclips, now PO is screaming about him violating conditions over some specific videos he watched that did not involve nudity nor underaged. If there was possibility of violating videos shouldn’t he have been warned or been restricted from RUclips altogether? It seems to me that PG-13 level vids openly available on RUclips shouldn’t be enough to violate the probatee especially with no warning.

  • @theentrepreneur607
    @theentrepreneur607 Год назад

    Good day, can a felon be a probation officer , juvenile or adult?

  • @Mark-yn1gk
    @Mark-yn1gk Год назад

    Can a probation officer enter my home without mask and gloves when the file says they are required to wear them. My mother is advanced stage 4 cancer with severe immune system compromised. (I'm her caretaker on probation.)

  • @melissasmith3297
    @melissasmith3297 3 года назад

    What do you do when a warrant is issued for failure to report to probation, even when you have been reporting 3x the requested amount and signed in each time. When the probation officer lies? All of my fines have been paid off yet the warrant still exists. I'm in Arkansas if that helps.
    My husband loves to use the warrant held over my head rather frequently as means of treating me like crap and abuse. I feel like if I leave the situation I'm in he's gonna have me locked away but I also feel like part of me would stand a better chance with the probation office than the abusive relationship I'm in. I was told by prosecuting attorney I will not be allowed an attorney or to speak to a judge fairly. All the community service I wa tol to do by probation office I was told was to help pay off my fines. Come to find out they got free labor out of me and my taking off work to do community service paid nothing off. I had to pay it off with actual earned money from working full time.

    • @yourdedcat-qr7ln
      @yourdedcat-qr7ln 2 года назад

      You talk to the DA?

    • @GeSta1967
      @GeSta1967 2 года назад

      Right before you finish probation, like the last week or the last month, that's when they'll really come at ya with the special hoops too far up for you to jump through. They make more money by keeping you in that revolving door called the justice system.

  • @anatito1782
    @anatito1782 2 года назад

    My cousin is on misdemeanor probation from the court. Must not pick up another offense. No Firearms until Probation is over. Question can he get searched if pulled over?

    • @LAWSTACHE
      @LAWSTACHE  2 года назад

      You will need to review the probation conditions. It is very common for the Court to set a search (4th amendment waiver) condition, however, the language of the condition is important. The time and place, reasonable suspicion, relationship to the probation violation, etc. Thank you for your question!
      Anton Vialtsin, Esq., E.I.
      185 West F Street, Suite 100-D
      San Diego, CA 92101
      LAWSTACHE.com
      619-357-6677

  • @dominikamartinez3113
    @dominikamartinez3113 5 лет назад +2

    What about parolees

  • @angel-sv2ru
    @angel-sv2ru Год назад +1

    I need your services?

  • @johnjunior8995
    @johnjunior8995 Год назад

    Can a probation officer make it a condition of probation to take psychiatric medication? Also can a probation officer request that you sign a release of information with your Dr or else get violated? Also can a P.O search your families belongings? I know it's a lot of questions and I'd be greatful if you can answer them.

    • @ryanpark2049
      @ryanpark2049 Год назад

      In my state yes they can legally order you to take any medicine

  • @lynndeatherage4874
    @lynndeatherage4874 2 года назад

    You can't vote on probation until you are done with your sentence and then you can always be a law abiding person. Jury duty was the best deal for me lynn and the fact of it being a little different from what I know it will make it easier for us as a whole new life and year.

    • @jennifermiller6777
      @jennifermiller6777 Год назад

      If you’re on deferred adjudication probation you can still vote.

  • @HiloApplianceRepair
    @HiloApplianceRepair 4 года назад

    can a probation officer stop my son from moving into my home

  • @GeSta1967
    @GeSta1967 2 года назад +1

    After 10yrs of being reinstated to society the Parolee only has to complete 21 more days of Parole Officer Supervision, making him a free man again. So the PO just out of the blue wants to drug test the Parolees at his home, but he is at work. While PO was at the small 2 bedroom home, he noticed 5 people inside the home getting high and one of them looked like he had a gun setting next to him. So PO leaves then calls Parolee at work and orders the Parolee to meet him at his home immediately, Parolee agreed. PO is now staging with several more law enforcement officers at a store parking lot not far from the home. A couple of hours have passed since the PO arrived at the Parolees home just earlier. As PO with local Cops are standing around talking, the Parolee pulls his car into the Store parking lot, then buys a soda from the machine outside and noticed his PO standing in the parking lot. Parolee waves politely as he starts walking over to the PO, he tries to open the soda can. PO notices Parolee walking toward them. Then all of a sudden the PO jumps into action, but instead flips out screaming nervously in a very loud screeching voice. Barking hard to comprehend high pitched orders at the Parolee to drop down on the ground, drop everything in your hands, put your hands up, get on your knees, don't fuckn move commands all at the same time, the other eager Cops watch with gun in hand. PO puts Parolee in a squad car then drives hurriedly, leading the others to the home. When they get there the PO tells the Parolee to unlock the door and go inside because he needs to take a drug test. As soon as the door begins to open, all the Cops bum rush in from behind pushing the Parolee to the floor. A Mother, a Father, a Sister, a Grandbaby, and only 1 of the 5 guys the PO watched smoking pot earlier, were total cought off guard by the honorable bullies with badges who believes it saves lives to be pointing a loaded gun at innocent families including the crying grandbaby, held by the little sister. The big bust the PO promised the others didn't happen. The Cops only found a half smoked joint, and the same gun the PO seen setting next to one of the guys he watched get high. So after everything has been collected, and the blue bullies with badges have hugged, patting each others back, an high fived till they couldn't high five anymore. The PO reviewed the groups top grade investigative notes. 1. PO watched 5 guys do drugs, 2. PO seen one had a gun in a felons home 3. PO leaves crime scene 4. PO calls Parolee to meet at crime scene 5. PO calls in back - up promising big bust 6. PO tried to show off mad skills to others but instead had nervous breakdown 7. PO used Parolee as shield to enter crime scene 8. PO leads charge on innocent family nearly killing them during bum rush raid 9. PO collects evidence 9.1 a half joint (PO watched 5 guys smoke on) 9.2 a gun (likely owned by the same guy the PO seen have it while smoking weed)
    PO comes to a conclusion
    10. PO decides Parolee has violated his parole because 5 guys Smoked Weed in his home 2 hours before he came home from work just to take PO unscheduled drug screen. PO allowed 5 to smoke pot, lets them get away, orders Parolee home so PO can accuse him of what someone did and PO knows it happened because PO allowed it to happen.
    11. PO decides Parolee has violated his parole because someone else's gun was found in the home , charging a felon with possession of a firearm will send him directly to Prison for the next 7 to 10 years... If ballistic lab says gun was not used in a crime. PO knows who had the gun but didn't confiscate it PO orders Parolee home so PO can accuse him of someone else's possession and the PO knows what happen because PO seen what happened

  • @user-vu4vp3uj8f
    @user-vu4vp3uj8f 4 года назад

    Like the stash G

    • @LAWSTACHE
      @LAWSTACHE  4 года назад

      Thank you for kind comment! Please subscribe.
      Anton Vialtsin, Esq.
      LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
      lawstache.com
      AntonVialtsin@gmail.com
      185 West F Street Suite 100-D
      San Diego, CA 92101
      (619) 357-6677

  • @josephlewis7166
    @josephlewis7166 4 года назад +1

    I was givin a vop hearing in connecticut however if no witnessess or evidence is brought to the court if there isnt any can they still violate my probation based on a false police report in which me and rhis certain cop have had bad history together in my past , his police report is false and i can prove it but they violated my probation based on just his accusations

    • @GeSta1967
      @GeSta1967 2 года назад

      Courts believe that Lawyers and Cops already know they should not give false reports, or ly in court. It's wrong... but just from that one sentence, and without you having more over whelming unarguable evidence to prove your case, a court will likely take the Cops word before yours. Without Cops there'd be no Prosecutors and without Prosecutors there'd be fewer Judges. They work in different buildings but they all get the same printed paychecks from the same Clerk. Understand how this works now?

  • @coreydavis7764
    @coreydavis7764 5 лет назад

    So why is a walk threw okay that's my home

    • @davidmontel9085
      @davidmontel9085 5 лет назад

      While on probation, its considered a conditional release or diversion from traditional jail/prison. That is why there is emphasis on the limit of the rights. The home still needs to meet the standards put forth for probation/parole.

  • @michaelcastaneda4135
    @michaelcastaneda4135 4 года назад

    My new best friend

  • @theodoregray2115
    @theodoregray2115 Год назад

    I have a friend his dad is on and my friends girlfriends kids across the street from his dad can't have any contact with which the kids were in a hospital not on the premise there was no so the officer threatens his dad to go to jail if he did not take his child so he was given the choice either go to jail or kick that person out all because someone was visiting someone but it was not on the nowhere in the house it was in a public setting and his dad was not outside can a probation officer legally kick you out of your own home if you're not on probation or threatened that person to kick them out or go to jail to me that's

  • @swamprooster5024
    @swamprooster5024 Год назад +1

    Just a tip for you. Next time you make a video, don't play music while you are talking.

    • @LAWSTACHE
      @LAWSTACHE  Год назад

      That's an excellent tip, and I completely agree! In my more recent videos, I follow your advice. Thanks for much for watching my videos and subscribing! Cheers from San Diego.
      Anton Vialtsin, Esq.
      LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
      lawstache.com
      AntonVialtsin@gmail.com
      185 West F Street Suite 100-D
      San Diego, CA 92101
      (619) 357-6677

  • @jimmyrobinson4629
    @jimmyrobinson4629 19 дней назад

    Phone #

  • @Lizarthur63
    @Lizarthur63 5 лет назад

    Stop talking with your hands.

    • @LAWSTACHE
      @LAWSTACHE  5 лет назад +2

      Thank you for your comment. It's hard for a lawyer to talk sitting down and play news anchor on RUclips. I'll keep your comment in mind when I record my next videos. Thank you for watching and subscribe!
      Anton Vialtsin, Esq.
      LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
      lawstache.com
      AntonVialtsin@gmail.com
      185 West F Street Suite 100-D
      San Diego, CA 92101
      (619) 357-6677

  • @mommy_ven
    @mommy_ven 3 года назад

    So i live with my boyfriend and he’s on probation, is it illegal for the state of nevada to search my things? Wouldn’t that be invasion of privacy?

    • @ryanpark2049
      @ryanpark2049 3 года назад +1

      I'm not a lawyer, but you're not on probation