I have recently started the "regular, non-drug related' PTI prgram in the state of FL. I have been on for 2months now, and they have arranged a home check with me.

My question is what do they "check" for? Do I allow her into my home to sit or what? What rights do I have? Do they go around snooping, or are they just trying to see what kind of environment I live in? My PO is nice, and informative and I ask her a lot of questions usually because I have never been in trouble, EVER in my life except for this one instance.

Im just curious, because I normally am a very private person, and keep to myself. I have 1 roommate, whom they asked the name. Will they want to speak to my roommate as well? If so, what will they ask?

The PO will ask whatever questions are pertinent, look wherever she needs to look to see if you, in fact, are clean.

If this is intrusive you can always ask to be taken off probation and you can serve your sentence - and people have chosen to do just that.

Your PO can ask anything they want and look anywhere in your home they want. They may do a complete search if they wish

First off, I was never "sentenced" to anything, this was offered by the State attorney instead of going to trial, which would have been a waste of everyone's time and longer for myself to move on with my life. Umm, don't they hafta have a search warrant or something to dig through my things? That is ridiculous, and Im not sure if I completely believe that to be true. I report once a month and they barely ask me anything other than if my address is the same and if I've completed my community service hours for the month, that is it.

You have to remember this is an officer( the O in the PO) they have a job to do. If you lie or try to hide something from them they could make things quite hard for you. Cooperate fully with them. Some feel the need to make a complete search of dwelling. Yes they will probably want to know who your roommate is as well as close friends i.e. gf/bf. A non complete program would most likely end in returning to court. Good luck to you.

Thanks rockie100. Im just a "keep to myself" kind of person. I don't have anything to hide what so ever. I don't even let my friends sort through my things, drawers, cabinets, closets, etc. Maybe Im over thinking it a bit. Like my P.O is going to come into my home and immediately start turning it upside down. I don't look, act or even live like a criminal. Im an upstanding citizen who got into a bit of trouble, that's it. Maybe Im just fearful.. The whole process just makes me nervous all together..

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Originally Posted by badkharma

First off, I was never "sentenced" to anything, this was offered by the State attorney instead of goin to trial, which would have been a waste of everyone's time and longer for myself to move on with my life. Umm, dont they hafta have a search warrant or something to dig thru my things? That is ridiculous, and Im not sure if I completely believe that to be true. I report once a month and they barely ask me anything other than if my address is the same and if I've completed my community service hours for the month, that is it.

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No, they don't need a search warrant (or something). The visits by the PO are a condition of the plea bargain which you apparently took. If the trial would have been a waste of time (and I understand that a lot of people are arrested and are not guilty) but would have kept you from being placed in this program, why didn't you insist on a trial?

I agree - you weren't sentenced. You took a bargain instead. If you don't meet the conditons of the program, then you will be tried and, if found guilty, sentenced.

At any rate - the PO looking around is part of the program.

You say you're an upstanding citizen - what were the charges against you? That might help "us" determine what the PO is and is not entitled to look into and also why the program was offered instead of you being forced to trial.

Glad to be of help. Words to live by "This too shall pass"

Hello bad:

I suggest our confusion (at least MY confusion) stems from your conviction or LACK thereof. That's because a CONVICTION would be a key turning point in terms of your rights... You have MANY more rights if you have NOT been convicted. You have a great deal LESS if you have...

Consequently, I have trouble understanding the nature of your "pretrial intervention program". For example... IF you've been convicted, and you're under a criminal sentence from the court, your "probation officer" can SEARCH you anytime or anywhere. If you HAVEN'T been convicted, they need a search warrant...

But, BEYOND what the law IS, I suspect you AGREED to certain limitations on your freedom WHEN you agreed to go into this program... Therefore, I think you HAVE, in your possession, a document that you signed outlining the CONDITIONS of this program AND your acceptance in it. If you DON'T have such a document, I'd request a copy of it from your "probation officer".

excon

Your PO can come to your home at any time of the day or night and demand entry. This is allowable without a search warrant as this is part of your probation paperwork. The PO is also allowed to come to where you work and visit with you there if they so choose to do this. They can search your car, your home and your person at anytime they wish also. You are on this "diversion program" until you successfully complete it. If you should happen to mess up such as having a large Bowie knife on the wall of your apt or have beer in the fridge - you will immediately be violated and then your diversion program goes down the toilet. You cannot have any type of weapon in your apartment. If your roomie has anything that can be construed as a weapon such as brass knuckles, a butterfly knife, a BB gun, shotgun, handgun, etc. have him store it elsewhere while you are on this diversion program or you will be violated even if the item is his! Yes, and the alcohol is a no, no regardless if it's your roomies you will still be in violation. Also if your roomie is on probation or a felon you can not reside with him while under the diversion program rules.

And yes, they can open closet doors and root around in the closet if they so choose. Also, they can open dresser drawers and look there as well. Anyplace in your apt is fair game - even your roomie's stuff - just in case you decided to put your "stuff" in with your roomie's things to hide them from the PO.

The reason they asked for the name of the roomie is to see what sort of record they have (if any).

How long have you been in the PTi program?