View Full Version : Probation officers search laws
nateburns27
Oct 15, 2012, 10:03 AM
Can probation officers search people who do not live in the residence after arresting the person on probation at the probation office
excon
Oct 15, 2012, 10:10 AM
Hello n:
A probation officer has NO authority to search ANYONE not on probation... But, it's probably NOT as simple as that... If you give me the DETAILS, I can give you a much better answer.
excon
nateburns27
Oct 15, 2012, 01:07 PM
My buddy was on probation and was arrested at his p.o. office. His p.o. then took him back to his residence with the sheriffs deputy. His little brother was there checking on the house for their mother. He opened the door when the p.o. knocked and they searched him. He doesn't even live there so why did they search him?
excon
Oct 15, 2012, 01:37 PM
Hello again, n:
You say "they", but I'll bet it was the cop and NOT the PO. Why do they do that? Because they think they can. Did they find anything on your friend? If not, there's no real harm. If so, then I believe the search was illegal, and the evidence CAN'T be used against him.
excon
Fr_Chuck
Oct 15, 2012, 03:05 PM
I will assume they thought he was getting rid of evidence at his brothers house. Since he did not live there, And was there "checking on the house" right after brother got arrested.
If they called and got a warrant to search the house, perhaps,
They can ask to search the brother, the brother could have said no, if brother did not say no, he merely gave up his rights.
They are allowed to search the house