I have been involved in the criminal justice system for much of my adult life- as a Probation Officer, Deputy District Attorney, Judge Pro Tempore, and for the past 23 years as a committed fighter for the rights of the accused in Shasta County.
Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
A: The terms and conditions of formal felony probation are ordered by the court and listed in the probation report for each specific defendant. Some people are ordered to provide the password to their cell phones to enable the P.O. to search the phone in a drug sales case, for example. But every case has a general condition that the probationer is subject to warrantless searches (with or without probable cause.) This doesn’t mean police can violate your right of privacy by electronically monitoring your communications or surveilling your activities (assuming you’re serving a sentence on an ankle monitor!)
A: No. You have the authority to restrain a person and make an arrest for the crimes being committed pursuant to Penal Code section 837. You should tell the person they’re under arrest but PC 841 does not require you to if they’re actually engaged in the commission of the offense.
A: Bailiffs are responsible for courtroom security and control. They see every person as a potential threat in that confined setting, especially if you can’t see their hands, or what they may have in them. Its nothing personal; I’ve been hearing them say the exact same thing, while yanking hands out of pockets, for decades.