Like can they just start searching your home, do u still have constitutional rights or are they taken away?

Hello 21:

You HAVE Constitutional rights - but since you're under sentence from the court, your right against unreasonable search and seizure has been curtailed. They can search you anytime WITHOUT a warrant. You certainly wouldn't think they would need a warrant to search a convict's cell, would you? This is the same idea.

Once your sentence has been completed, they're going to need a warrant again - but not now. Bummer.

excon

When you were put on probation you signed paperwork that actually GAVE your PO permission to search your home. You DO remember signing a bunch of paperwork that day with your PO don't you? You probably even had each paper you signed explained to you as well as that is the job of the PO's to do just that. Explain what they can do once you've signed the paper in front of you to get on probation.

You need to remember this fact when you are on probation. As Exie said above - it's like you are in your prison or jail cell and the CO (corrections officer) can come in and toss your cell at any time they so chose to. Being on probation is just that - you get to go home and sleep in your own bed but in the court's eyes you are still in your prison cell just waiting to be tossed by the CO.

I've been skimming through posts on here for a while researching something unrelated, however since I actually LIVE in Wisconsin and have quite a bit of experience with probation/d.o.c. in Wisconsin I figured I'd drop a post.

You do still have rights, however they are rather limited. Yes a probation officer (does not have to be YOUR po) can search you at any time without a warrant. If the house is yours or you are on the lease, a probation officer can search your entire house at any given time without a warrant. If the house is NOT yours and you are NOT on a lease (living with a friend etc.) a PO can ONLY search YOU and YOUR sleeping quarters. They will still try to search the whole house when they do a search, but if you confront them about that they will stop. If a PO does a NON-scheduled home visit, you don't even have to answer the door. However, if they know you are there (can see or hear you) you will get violated for not answering. If a PO does a SCHEDULED home visit, you have to be there and have to let them in.

EXAMPLE: The last time I was on probation I was living with a girlfriend and I was NOT on the lease. To limit the scope of their searches, I claimed the couch in the front room which was right by the door as my "living quarters." This limited their searches to said couch and anything within arms reach of said couch.

All of the above is null and void if you are on the R.O.P.E. (repeat offender prevention ***, sorry can never remember what the E stands for) program. If you are on ROPE, any PO can come to your house at any time (day or night) kick your door in and toss your house whether you are there or not. If you get put on ROPE you will know, they will tell you. You will also need to sign a new rules list. However, recently they've been having people sign ROPE rules right off the bat. They won't put you on ROPE right off the bat unless you are a violent offender or have been on probation multiple times or have had multiple violations, but they won't need to inform you when they do this if it was one of your original rules. If you or anyone you live with is placed on the ROPE program everyone living with that person will need to sign something giving them permission to do this, if anyone refuses then the person on ROPE cannot live there.

EXAMPLE: I've had roomates that were on the ROPE program. Probation officers have done massive damage to my place executing surprise searches. They've done this three times that I was present for. The first time they actually knocked, however it was 3am so there was no way I was answering my door. Within 5 minutes my door was kicked in, I was detained and my house ransacked. My roommate (the only person on probation in the residence) was not even there. D.O.C. is not liable for any damage done during a search.

DISCLAIMER: I am not a lawyer, this is not legal advice. I am by no means an expert so don't go snappin on me excon... I'm making that clear right now. My advice to you would be to ask your probation officer for a copy of Wisconsin D.O.C. rules and regulations for probation and parole. If they refuse to give you a copy (I've had this happen) write the department of corrections and request one (you may have to pay for it). That book will tell you everything they can and can't do along with a lot of interesting little bits of information that you may find VERY beneficial.

? I have been on probation for 6 months. I have made and been clean every office visit and home visit on time and clean via urine analysis/ breathalyzer. DMV gave me my occupational license. PO is making me have an in home alcohol monitor with ankle bracelet, which is fine. Can she "ground" me giving me cerfew hours. Not able to leave house until 8 and must be back in at 10 just to drive?

This thread is over TWO years old... please look at the dates before posting.