I am trying to get my son to understand that being on probation for drug abuse if he is with someone that is caught with drugs even though he doesn't have anything on him and he is clean he will still be in violation of his probation. Am I correct?

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Originally Posted by jlk403

IAm I correct?

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Hello j:

You're pretty correct. There are circumstances where that wouldn't be the case, but in general, he'd be violated. Even if the search of the real perp was found to be illegal, that wouldn't effect his PO's decision to violate your son. He doesn't need to be guilty of a crime in order for him to be violated.

excon

And in some states ( like Georgia) he could even be changed with possession if he is in the car with them, or in their home and drugs are there.

But in almost all cases, yes it is a violation. And as excon said, even if the actual possession charges get thrown out for a bad search, improper search warrant or more, the violation can still be enforced