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    marnabeth990's Avatar
    marnabeth990 Posts: 3, Reputation: 1
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    #1

    Oct 27, 2011, 09:56 AM
    Federal supervised release
    My boyfriend is on federal supervised release, is my vehicle subject to searches with no warrants? I do not park on his property. Can they search my house? His parole officer is hard core, but I think she is abusing her power.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Oct 27, 2011, 10:18 AM
    Quote Originally Posted by marnabeth990 View Post
    My boyfriend is on federal supervised release, is my vehicle subject to searches with no warrants? I do not park on his property. Can they search my house? ...
    If you or your property is searched without your permission, a warrant, or an applicable exception to the warrant requirement, your rights would have been violated. So if evidence tending to incriminate you were found, it might not be usable should they want to prosecute you.

    They can search him, however, and perhaps where he is located. So if they want to search him when he is in your house or car, they might be able to do so.

    Are you asking hypothetically, or was a search actually done? If it was, tell us the details and we may be able to give you more accurate advice.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Oct 27, 2011, 10:26 AM
    I would assume you mean either parole or probation, each will have their own rules as to allowed searches.

    He may be searched anywhere and anytime, as actually any place he is within some limits. BUT>> they can only use those searches outside his home against him, unless such search would otherwise be legal.

    If for example in going into YOUR house to talk to him, there are drugs out in the open, that is not really a search.

    If for example in a search of your car with him in it, illegal drugs are found, they could be used against him, but not against you without a warrant.

    If they search his home, and find things against you, they may be used, since they have legal grounds.

    Remember there are actually many illegal searches done either by error or by planned error the issue is that the evidence found is not allowed to be used. ** unless the DA can prove latter in the case that other evidence may have lead to that evidence, so even a illegal search does not mean that the evidence would never be used.
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    marnabeth990 Posts: 3, Reputation: 1
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    #4

    Oct 27, 2011, 10:51 AM
    His parole officer warned me that I can be searched. I understand that if I am with him I can be, but she strongly implied that me and my car are subject to being searched even if he is not with me. She asked where I park my car and it is off his property but she made it sound like it could be searched also. She was doing a lot of intimidation and is trying to scare me. I know she already did a full background check on me and my family. I have never been in trouble and have a clean background so my 4th amendment rights shouldn't be violated if I am not with him. However my car does get parked on another felons property.
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    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Oct 27, 2011, 11:01 AM
    Quote Originally Posted by marnabeth990 View Post
    his parole officer warned me that i can be searched. i understand that if i am with him i can be, but she strongly implied that me and my car are subject to being searched even if he is not with me. she asked where i park my car and it is off his property but she made it sound like it could be searched also. she was doing a lot of intimidation and is trying to scare me. i know she already did a full background check on me and my family. i have never been in trouble and have a clean background so my 4th admendment rights shouldn't be violated if i am not with him. however my car does get parked on another felons property.
    Parole officers, like police, are allowed to lie.

    But if they do search you or your property without a warrant, see an attorney. There is a federal right of action for unconstitutional searches. See Bivens v. Six Unknown Named Agents.
    marnabeth990's Avatar
    marnabeth990 Posts: 3, Reputation: 1
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    #6

    Oct 27, 2011, 11:30 AM
    Thank you for the help!

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