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    dawnistrue's Avatar
    dawnistrue Posts: 23, Reputation: 1
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    #1

    Jun 2, 2009, 09:13 PM
    What are your rights if you violate probation?
    If someone violated probation while a home search was being done and something was found and they were arrested, do they still have to read miranda rights to them? Can they look in someone's pocketbook at the home of someone else who they are checking on if you are both on probation but the person with the pocketbook did not live there?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jun 3, 2009, 04:38 AM

    Hello dawn:

    If they're going to file NEW charges, and they wish to interrogate you, Miranda would have to be read. However, if they're just violating probation, the Miranda isn't necessary.

    Part of the probation rules is that the person is subject to search at any time. If a purse is IN the house where a probationer is living, it IS subject to search...

    excon
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Jun 3, 2009, 12:44 PM

    The person who is on probation signed a piece of paper giving law enforcement the right to search their homes and/or property at any time. This piece of paper is standard probation paperwork or the person would not have been allowed to be put on probation without it.

    Miranda is very confusing to understand for the lay person. In this instance, no, Miranda would not be necessary.
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