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View Full Version : What can a probation officer search in my house when they show up?



gman18182
Jan 14, 2011, 06:41 AM
I am just wondering when I am on probation, what can the officer search in my house? My wife and I have documents and private stuff in safes and I am just wondering if they have the right to go in everything. It seems crazy to me but who knows

excon
Jan 14, 2011, 06:49 AM
I am just wondering if they have the right to go in everything. It seems crazy to me but who knowsHello g:

I know.

Yes, they have the right to search EVERYTHING...

It might help you to understand the legalities involved... A citizen of this great country of ours, cannot be searched without a warrant... YOU, however, are a convicted criminal under sentence from the court.. You don't HAVE the same rights as a FREE person. You're NO different than the prisoners in the slam, except for the fact that you're doing your time on the street. Certainly, you wouldn't think it was crazy for prison officials to search EVERYTHING in a prisoners cell, would you??

You're like him.

excon

gman18182
Jan 14, 2011, 06:52 AM
What if it is my wife's?

excon
Jan 14, 2011, 07:09 AM
What if it is my wifes?Hello g:

From their standpoint, it's where YOU live, and they'll search ANYWHERE they please. Like in prison, when they toss a cell, they toss EVERYTHING.

However, being the contrarian I am, If she has a room that is LOCKED away from you, and it's broken into by them, and they find her gun or drugs, she MAY be able to plead, in terms of HER arrest, it was an unlawful search... YOU, on the other hand, will be violated.

excon

adthern
Jan 14, 2011, 02:52 PM
That's an interesting point Ex, though they do not have to actually break into the room to violate him. The fact that he has an area that he "will not allow" them to enter (either because he can not or will not) is not cooperating with the PO and violates him. If they had the right to be in the room and found something l\in plain sight that was illegal and hers she would not be able to have it excluded (warrant exception). But, the breaking into the room, I think, would be too much for them without a warrant.

Fr_Chuck
Jan 14, 2011, 07:58 PM
If it is in his home, apartment and there is not a third party renter ( sub leased out) then the property is under his control, even if his wife tries and claims it.

The PO can search any and everywhere that the person lives.
If he refuses to allow them to search, they would violate him. So actually they would not break into the room, they would order him to open it, and if he would not, they would just violate him at that point.

twinkiedooter
Jun 9, 2011, 03:05 PM
Thats an interesting point Ex, though they do not have to actually break into the room to violate him. The fact that he has an area that he "will not allow" them to enter (either because he can not or will not) is not cooperating with the PO and violates him. If they had the right to be in the room and found something l\in plain sight that was illegal and hers she would not be able to have it excluded (warrant exception). But, the breaking into the room, I think, would be too much for them without a warrant.

They technically already have a warrant presigned by the person on probation to enter the home and search anything they so desire, even locked rooms. Doesn't matter just who's stuff it is, it is all searchable as probationers like to hide illegal things in innocent people's rooms and stuff. Happens every day.

adthern
Jun 12, 2011, 05:44 PM
It wouldn't all be searchable, that is to say, if the area is clearly another persons and the parolee doesn't have authority to consent then no one can use his signature on a consent warrant to access the other persons area. Though, I agree with you that if a parolee is going to have something illegal they are going to hide it in the area of another. The same holds tue of the other apartments that might be in the same building, parolee could hide his things in any of those, but can not give consent, absent, authority.

Nevertheless, PO can certainly still violate him and it will be sorted out at the VOP hearing.

voldo2006
Jun 13, 2012, 06:02 AM
I hear people say that they are allowed to search everywhere in the home. That everyone in the home gave up their rights once they took in the parolee. I would think "If that's the case, whats stopping them from interrogating family members or from doing body body cavities searches of your loved ones?" I then came across a family member whom got into an issue in this area. Basically, a parolee was staying at her home. They showed up to the home and wanted to search the parolee area. She said they were only allowed to search where he has access too. This was the bathroom,kitchen, living room etc. When it came to the owner of the house's room, they decide to go in there looking around. Owner told them that she didn't give them permission to enter her room. They ignore her and looked around anyway. They found her boyfriend (who isn't the parolee) in the bathroom. They search him and found drugs on him. They arrested him and when they tried to scare him with threats, he claim that they had no right to go into her room to begin with. I thought he was nuts. The day before the trial, they dropped all the charges against him. I can't say 100% sure that it was dropped due to an illegal search but she claims they could only search the parolee area's and that they had no reason to search her room. I'm still 50/50 on this but I'm going to find out first hand because my brother is now a parolee.

voldo2006
Jun 13, 2012, 06:03 AM
Just to let you know, I'm in California. I'll also post up here how my brothers first search go.

excon
Jun 13, 2012, 06:10 AM
The day before the trial, they dropped all the charges against him. I can't say 100% sure that it was dropped due to an illegal search but she claims they could only search the parolee area's and that they had no reason to search her room.Hello v:

In terms of the boyfriend in the bathroom, the search of HIM was clearly ILLEGAL, and that's why they dropped the charges.. But they ABSOLUTELY had the right to search HER room for evidence against the parolee - NOT for evidence against her or her guests.

excon

RichM205
Aug 3, 2012, 03:26 PM
I know probation officer has the right to search your residence but can sheriiff deputies enter your home and join the search search too without your consent ?

excon
Aug 3, 2012, 03:58 PM
I know probation officer has the right to search your residence but can sheriiff deputies enter your home and join the search search too without your consent ?Hello Rich:

Yes.

excon

english253
Sep 30, 2012, 10:25 PM
We have a relative staying with us who is on probabtion. He is renting a room in our house. As a tenant, ff course he has access to a bathroom, the living room and the kitchen, as well as hallways that serve as access points to those rooms.

We were told by a probation officer (that is not connected to our relative) that his PO would have the right to search his room and common areas of the house but would only exercise that right with a good reason.

We never signed any paperwork.

Recently the PO came to our home, with bounty hunters and 15 (ish) cops. She was stood at the door and the cops started to walk into the door. I asked them what they thought they were doing and that they needed permission to enter my home. They insisted that as someone under DOC was present in the house that they had every right and told me to stand aside. My relative on probabtion was outside with his probation officer while the search was conducted.

They searched every room. They even told my 3 year Grandaughter to get into her room and they went through every closet.

One of the cops kept asking me 'who are we searching for?' - I had no idea, no information about this entry in my home had been explained. It turned out it was to search for the on again/off again girlfriend of our relative who had violated a bail condition. It is worth pointing out that this girlfriend had never even stepped foot in our home.

So to recap -
They came into my home without me giving them any permission.
They entered private rooms that had nothing with my tenant.
They were searching for someone that had never even been to my house.

Did they really have the right to do what they did?

excon
Sep 30, 2012, 10:40 PM
We were told by a probation officer (that is not connected to our relative) that his PO would have the right to search his room and common areas of the house but would only excercise that right with a good reason.

Did they really have the right to do what they did?Hello english:

You were given bad information. Yes, they had the right to do it.

excon

AK lawyer
Oct 1, 2012, 07:56 AM
Hello english:

You were given bad information. Yes, they had the right to do it.

excon

Perhaps, on the theory that they had the right to go get the probationer, wherever he was, and search him, probable cause or not.

If, as in the previous question in this thread, the homeowner had a locked safe in the probationer's room, I would question whether they had the right to open it. But that's a different question.

excon
Oct 1, 2012, 08:46 AM
Perhaps, on the theory that they had the right to go get the probationer, wherever he was, and search him, probable cause or not.

If the homeowner had a locked safe in the probationer's room, I would question whether they had the right to open it. But that's a different question.Hello lawyer:

Ok, let's answer it... I too, on these pages, have suggested that if gun owners have a parolee or a probationer living with them, they should LOCK their guns up in a gun safe... That MAY or MAY not offer the convict some protection.

However, in the real world, I don't believe it does.. I called him a CONVICT above on purpose, because he's NOT a citizen with Fourth Amendment rights.. He's a convicted criminal serving out his PRISON sentence. They just happen to let him serve some, or all of his criminal sentence on the OUTSIDE...

Therefore, the probation department has the same right that a department of corrections guard does to toss his cell, or in this case, to toss the house. That would include opening anything, even if it's locked.

excon

AK lawyer
Oct 1, 2012, 09:11 AM
...
Therefore, the probation department has the same right that a department of corrections guard does to toss his cell, or in this case, to toss the house. That would include opening anything, even it's locked.


All quite true.

But my point is this: If I have a probationer living in my house, and the authorities knock on my door and tell me they intend to search my house because that person is living there, assuming I haven't entered into some sort of an agreement with them concerning that person, I would be within my rights to tell them no.

And if they want to unlock my safe and ask for the combination, the answer will be the same: get a court order.

If they break open my safe, I will sue them for actual damages, as well as for punative damages for violation of my civil rights.

excon
Oct 1, 2012, 09:30 AM
would be within my rights to tell them no.

And if they want to unlock my safe and ask for the combination, the answer will be the same: get a court order.

If they break open my safe, I will sue them for actual damages, as well as for punative damages for violation of my civil rights.Hello again, lawyer,

Ain't the law interesting?

excon

FreedomUSA
Dec 4, 2012, 10:29 AM
I think the above info is BS. My wife's son came to live with us after he turned 18. He had previously been with foster care givers who illegally moved him away from my state during a hurricane. ( My wife still had full parental rights and joint custody. He was only allowed to stay with these people because 7 years ago, he and his sister could not share the living room sofa bed in my apartment. I had taken the three of them in when they had no place to go after her husband died. She was supposed to get the kids back after she found a place of her own.) She let the kids go without making a fuss because she thought these people could care for the kids better than her in her situation. No one knew they moved the kids out of state till much later after katrina. I'm sure they broke a federal law doing this.

Anyway, now, he is 19 and was here for 3 months when he went to jail for theft. This is my home. I have guns in the house for hunting and defense. I will NOT have my rights taken away because of this PO. He can search the living room area where her son sleeps but he will NOT be allowed to look through my stuff or go into any room I do not allow. Of course I have to check the laws in my state but in my mind, he would need a warrant to look through my or my wife's areas. His probation is for 2 years. I'll be damned if I am going to be subjected to such treatment in my own home for two years as if I am the criminal.