LAPD Disclaimer

  • Comments are moderated, and will not appear on this weblog until the monitor has approved them. We encourage you to express your opinions about current events through respectful and insightful discussion. The Department reserves the right to refuse to post those comments that contain inappropriate language and/or material. Additionally, hyper-links or E-mail addresses will not be posted. To report or help us solve a crime go to lapdonline.org. To commend an employee or report employee misconduct - click here.

LAPD Photos

  • www.flickr.com

Translate


  • Disclaimer: The LAPDonline.org® website has made reasonable efforts to provide an accurate translation. However, no automated or computerized translation is perfect and is not intended to replace human or traditional translation methods. The official text is the English version of the LAPDonline.org® website. If any questions arise concerning the accuracy of the information presented by the translated version of the website, please refer to the English edition of the website, which is the official version.

Become a Fan

LAPD Blog RSS Feed

« Student Finds Threatening Letter at Hollenbeck High School | Main | Found Child-Publics Help Needed »

April 25, 2025

Comments

The below quote is from yesterday's L.A. Times regarding the LAPD's crackdown on gangsters and drug dealers in downtown's Skid Row:

"U.S. District Judge Dean D. Pregerson found that officers question -- and at times search -- parolees and probationers without evidence that they might have committed a crime, which the judge said was unconstitutional. He ordered the LAPD to change its practices."

The ACLU went shopping around for a federal judge that has obviously not been reading recent Supreme Court decisions. He also confuses parole with probation. Let me clarify it for the ACLU and for the community members who read this blog:

Probation is part of a sentence and is an "agreement" between the court and the defendant, where the defendant will agree to the conditions of probation IN LIEU of going to prison. Some of those conditions include submitting to search and seizure at any time by law enforcement officers. Not all conditions include search and seizure, but the defendant SIGNS the paperwork indicating he AGREES with the terms. The defendant KNOWS if he has search and seizure conditions and officers must ask or know this BEFORE they search someone.

Now, parole is another matter altogether. When a prisoner is placed on PAROLE and released into the community, he or she is still in the custody of the Department of Corrections, except now the prisoner is serving the REMAINING part of his or her sentence in the community instead of in prison.

The parolee DOES NOT have a constitutional right against search and seizure the same way he doesn't have it in prison. That means if officers discover that a suspect is on parole, they may search him and his property at any time without cause. I find it interesting when parolees or their families are shocked that the police would actually search them for drugs, weapons or other contraband without suspicion of a crime. They know the rules. That's why over 80% of all parolees return to prison within the first year. They can't stay away from drugs and weapons.

A federal judge making a ruling that parolees can't be searched unless they are suspected of committing a crime is both a foolish interpretation of current law, and naive to believe it will stand. But it doens't suprise me that the ACLU found this jurist.

This decision will be overturned. Again.

If the ACLU only spent it's time and energy on real legal problems like seeking restitution for victims of gang violence, against gang members, their families and enablers. Now THAT would be a real public service.

Being on probation and parole is an agreement made by the DEFENDANT.

If the perp doesn't want to be searched/seized w/o reason they can choose to do their whole sentence inside jail/prison and then come out a truly free man.

What don't the courts understand?

The comments to this entry are closed.

Chief Charlie Beck

Text-A-Tip

WebTip


Nixle


June 2015

Sun Mon Tue Wed Thu Fri Sat
  1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30        

iWATCH