Ray Hrdlicka – Host – Attorneys.Media
“So that gets me into ‘Search and Seizure’. Is that associated with formal probation?”
Andrew Dósa – Criminal Defense Attorney – Alameda County, CA
“The answer is ‘yes’. Now, sadly, every person who gets a conviction will agree that they’re giving up their constitutional freedoms. Freedom from unreasonable search and seizures. If you and I are walking down the street, no police officer can pull us over, slam us against the wall, and do a ‘pat’ search if we’ve done nothing, if we’re not participants in any crime. If we’re simply minding our own business. The constitution gives us freedom against government intrusion. The ‘search’ is when they stop us and they start an intrusion…checking my pockets, checking my car, going into my house. The ‘seizure’ is when they find something.”
Ray Hrdlicka – Host – Attorneys.Media
“So with a formal probation, you’ve given up your rights to ‘search and seizure’?”
Andrew Dósa – Criminal Defense Attorney – Alameda County, CA
“Correct. And in fact, even with some non-formal misdemeanor probation, the person will be required to say they are on probation. More typically it’s with felonies. I think it’s an onerous burden, and I think it’s really inappropriate. The constitution doesn’t foresee that you simply just give up your freedoms. It’s just improper.”
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