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tracy51176 · Jun 30, 2007, 01:02 PM

My husband is on probation for a DWI conviction and so far has complied with no violations. The other day his probation officer and 3 others came to our house for an unannounced visit. During this visit all 4 officers had their hand guns unclipped in the holster and one even had his half way out of the holster. We were not hostile and had a friend over who they ask for ID on, he complied not really knowing if he should. At this time our four children (9, 6, 3, and 1) where outside with another friend of my 9 year old. They where being very hostile and one even provoking my husband trying to get a rise out of him this entire time the children witnessing this behavior. They told me that I had to open the refigerator in my house, my husband outside at the time with two officers and me inside. Of course I did with nothing to hide. I just came back from a party with my sober friend and had had some drinks (3 within 1 hour and not driving) not where my husband was. His probation officer informed me I was unsupportive and should be ashamed of myself. As I live in the residents and have no conficts not even as much as a parking ticket how can they treat me like that especially in front of my children and can Into drink in my own home ( I do not right know) because my husband isone probation? What ae my rights I am a tax paying citizen who has no legal issue?

Fr_Chuck · Jun 30, 2007, 04:02 PM

You have all your rights, but your husbad does not, he has rules, and probatoin officers are allowed to search your home unannouced as part of the probation. And yes, some try to push the issues for some reasons.

But to be honest, if your husband was to be off drinking, his wife going out drinkingis not showing a lot of support, I would agree with them on that, but again that is not any of their business either. But as a preacher I can get away preaching at people, that is my job.

tracy51176 · Jun 30, 2007, 06:23 PM

Thanks for your response, but as someone who has been nothing but supportive and tried to help I am overdraw and am sick of pay for his mistakes, I am still there and being supportive, that is why he has not been violated. It just seems to me in my little experience with the issue, that the people who suffer the most are those around the person and whether we still have rights are not legal, I feel as though my rights are his, none because he resides with me. I guess it doesn't pay to be supportive. I told him he should have just done the 90 days in county instead of the five years of probation.

excon · Jul 1, 2007, 05:38 AM

Hello tracy:

The visit wasn't normal. Therefore, if I was you, I'd like to know why they came. Did you ask? That's what I would have been doing.

The next time they come, let them interview your husband - NOT YOU. You are not under supervision. IF they asked YOU to open your refrigerator, I would have told them NO. If they want YOUR husband to open it, then they have to ask him.

I would not speak with them. I would not go outside with them. And, if they give you any grief, tell them that you'll call your lawyer.

excon

tracy51176 · Jul 1, 2007, 11:35 AM

Well what happened is my friend was there and they ask for ID from her and she gave it. They also went to the back of her truck and opened the cooler that was back in her truck, as which time she said that is mine do not touch that. The two men kept my husband out side the two ladies knock on the door and proceeded to tell me they need to look into the refigerator. When I asked why they were here before I went into the house with the children the one gentalman responded "none of your damn business." During which time he started to search in my garage. My husbands probation office did not even go to the garage went right to him and started asking questions. I have advised a Lawyer. He suggest I make a complaint with their supervisor for the treatment toward me and my friend. Also because my husband goes to this woman twice a month and has commented that he wished I could see how she treats him above anyone else there can I go in and sit with him? Or should I not bother? Another question - I work and make more money than my husband, we have a very nice home and this woman has asked my husband on more than one occasion how he can afford the house even one time commenting that he must be dealing drugs. My husband always saids my wife makes good money, anyway can she do this all the time?

incognito · Jul 1, 2007, 01:04 PM

Is this the full story?
Is your husband on probation for just this one DWI?
He hasn't had any other problems with the law before this?

I can't understand why they would act this way during a visit. Maybe someone contacted them saying your husband was doing something criminal.
Why else would they have that many officers with their weapons drawn approach your house?

tracy51176 · Jul 1, 2007, 01:37 PM

Since I have know my husband all my life - no he has not gotten arrested for anything ever. This is the first time any probation officer (he has had 3) has ever come to our house. He has complied with everything: house arrest (with breatherlizer system), counseling, community service, he has never missed a probation officer visit, nothing. I know I sound as if I am defending him and you may think I am biased, but I think I speak harsher to him about his DWI than even the judge or other POs did. I really find no excuses for my husband, what he did was wrong - wrong - wrong and he deserves to pay for it. He is a hunter and even gave his shot gun up because it was part of his probation. I do not understand either, all I know is his probation officer lives near us and drives by on her way to and from work (we live on the main state route). We do have friends & family (which I have 8 sisters and 3 brothers) over. But that night we had just my one friend and my oldest 9 year old friend. I am really not sure why, I can tell you I do know they were out visiting everyone on their 'list' that night as they told me that. The good they is he was not even in violation that night.

s_cianci · Jul 1, 2007, 06:45 PM

Talk with a lawyer. You may be able to press harassment charges against these officers.

1badchoice · Jul 4, 2007, 12:03 AM

Sounds like a mass check of probationer's in the area. They have every right to search the house as your husband resides there... Requesting you to open the fridge was really just a matter of trying to get done with the search and questioning. Instead of getting angry try and realize that the sooner the probation requirements are met the sooner this will be over. I completely understand your frustration. The thing is... getting angry or defiant will only make things more difficult for your husband. You mention a lot of family. If you have a lot of people going in and out of your house it can look like "high traffic" due to drug activity. Someone could have made an accusation or they could just see a lot of people and want to keep close tabs. There is no way of knowing for sure. Unless your individual rights are extremely trampled during a visit I would recommend going along with the program. Remember, they think your husband (and possibly you by extension) need life advice as he has clearly messed up. And they feel a "duty" to be the ones to deliver life lessons. Sorry you had such an experience.