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Witchipoo · Jan 21, 2016, 07:04 AM

Can my son's probation officer search my locked safe for marijuana?

J_9 · Jan 21, 2016, 07:08 AM

Yes...

Witchipoo · Jan 21, 2016, 07:12 AM

Originally Posted by J_9

Yes...

Can they search my car?
Marijuana is legal in Colorado, what if he has no access to it?

J_9 · Jan 21, 2016, 07:17 AM

If the terms of his probation require him to stay away from marijuana they can search anything on the property in which he resides.

Witchipoo · Jan 21, 2016, 07:24 AM

Originally Posted by J_9

If the terms of his probation require him to stay away from marijuana they can search anything on the property in which he resides.

Thank you.

J_9 · Jan 21, 2016, 07:26 AM

It shouldn't be too hard to stay clean for the sake of your son.

ScottGem · Jan 21, 2016, 11:06 AM

I agree with J_9. If he resides in your residence then they can search any part of the residence. But if he doesn't reside with you, then they would have no right to search your property without a warrant.

Fr_Chuck · Jan 21, 2016, 07:46 PM

I will agree with the others, a probation officer may search any place at the residence of the person on probation, that will include locked boxes, and any place that is large enough to hold the item being searched for.

Also remember it does not matter about something being "legal" or illegal, it is about being against the rules, the person on probation can be returned to jail or sent to jail for violation of the rules of probation, even if that activity would be legal for someone not on probation. (Drinking beer even for some) or driving a car, or using a computer (if that use is against probation rules)

If you must use, there are smoking lounges and other areas for you to use, prior to keeping any at home.

Also be aware, it is still against Federal law and even in your state if you carry any into a Federal building, or at any Federal Park (including many of the ski areas) you can still be arrested and sentenced up to one year in jai for that one ounce.

excon · May 15, 2016, 06:30 AM

Hello W:

No. You are STILL protected under the 4th Amendment. If you DON'T wanna unlock your box for the PO, DON'T. I don't even think you have to keep your pot HIDDEN... They certainly don't require you to get rid of your alcohol.. In terms of the law, pot is no different..

The same thing is true if you own guns. You are STILL protected by the 2nd Amendment, and you are allowed to keep them while a probationer is living in your house..

excon

AK lawyer · May 15, 2016, 01:08 PM

Originally Posted by excon

Hello W:

No. You are STILL protected under the 4th Amendment. If you DON'T wanna unlock your box for the PO, DON'T. I don't even think you have to keep your pot HIDDEN... They certainly don't require you to get rid of your alcohol.. In terms of the law, pot is no different..

The same thing is true if you own guns. You are STILL protected by the 2nd Amendment, and you are allowed to keep them while a probationer is living in your house..

excon

Correct. OP would have had to waive his/her 4th Amendment rights, perhaps as a condition of the PO allowing the probationer to stay in the OP's home. We don't know that such a waiver has been made.

Absent such a waiver, a nonconsensual search of the safe (in other words, oif they break open the safe without being given the key or combination) depends upon whether any evidence of crime is found in the safe, and upon who such evidence is to be used. If it is evidence to be used against OP, a suppression motion will probably be granted. If it is to be used against the son, they would have to prove that the son had access.

If the safe is broken open without a warrant, OP may also have an action for damages.