if one is on probation for a weapons charge,,does p.o. have the right to search or look thru all rooms of the home including those rooms that are occupied by others such as the owner of the house?
2006-10-03 04:36:18 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
yes and without a warrant and if they find anything that violates your probation conditions, even if is in someone elses things,YOU could be violated!
2006-10-03 04:45:02 · answer #1 · answered by wendyinthewind 2 · 0⤊ 0⤋
I know rather little about criminal law. But a search of law school materials shows that being on probation does not, in itself, work a forfeiture of constitutional rights against search and seizure without a warrant. But a person on probation may have waived certain rights, and a search of property not belonging to him may follow legitimately from consent that the person on probation gave -- even though he is not in fact the owner or lessee of the property.
See page 107 of the following http://www.lexisnexis.com/lawschool/study/texts/pdf/CasesandProblemsCriminalProcedure.pdf (PDF) and also the Virginia case below.
If the person on probation is renting a room, and there is no reason to believe that any other occupant of the house is engaged in criminal activity, searching those other rooms except in the context of a lawful arrest or upon issuance of a search warrant would be outrageous. That, of course, would not stop a policeman or a probation officer from asking.
2006-10-03 12:08:20 · answer #2 · answered by Anonymous · 1⤊ 0⤋
When you are on probation, you give up the right to be safe from searches. No search warrant is needed for a probation officer to seearch.
Your probation officer can come to your residence at any reasonable time and search through your bedroom and any common areas accessible to you. For example, I always look in the refrigerator because my probationers are not allowed to have any alcohol in their home at all.
2006-10-03 19:02:55 · answer #3 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
If you are on probation, an officer can search your dwelling anytime and without giving a reason.
Probation is being in custody, outside of jail.
2006-10-03 16:35:03 · answer #4 · answered by zkiwi2004 3 · 1⤊ 0⤋
Yes they do and they can show up at anytime without notice to search the entire house.
2006-10-03 11:44:12 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Depends on what state you are in. Here in MD, no they cannot search> Each state has their own rules.
2006-10-04 01:22:00 · answer #6 · answered by your mom 2 · 0⤊ 0⤋
Yes, yes they do. You lose all your "rights" when on probation.
2006-10-03 12:39:11 · answer #7 · answered by Zelda 6 · 0⤊ 0⤋
Yup!
2006-10-03 11:39:31 · answer #8 · answered by Anonymous · 0⤊ 0⤋
only with a warrant.
2006-10-03 11:42:14 · answer #9 · answered by tobcol 5 · 0⤊ 1⤋