july 5 I had a meeting with my probation officer and told her about an acsident I had and was going to see a lawyer the next morning about it. The next morning while I'm gone she goes to my parents house with two officers and do a search of the house, and accuse me of possessing a small amount of marijuana, although I have not possessed any for 2 years.
Is going into a probationers home with out them present legal ?
the only person present was the mother
2006-11-08 09:49:44 · 15 answers · asked by chad c 1 in Politics & Government ➔ Law Enforcement & Police
Your mother is the house owner or tenant, they only need her consent, not yours! As long as she was present thats all they need.
2006-11-08 09:52:28 · answer #1 · answered by huggz 7 · 3⤊ 1⤋
The other answers are MOSTLY right. You still have the right to not have your home searched without a warrant. You have every right to refuse his P/O entry. His P/O would have to get a warrant to search the house. The problem is, HE has agreed to allow his home to be searched as a condition of probation. If he does not permit his P/O to search whenever he wants, it's a violation, similar to him not showing up for a scheduled meeting, or failing to provide a urine sample, or...you name it. Now, what happens if he agrees but you refuse? You home is not searched...and he picks up the violation. If it seems unfair to you that he could be violated and sent to prison because of your actions, remember that part of being placed on probation was you agreeing to house him. It's a shame you didn't get a recording of the P/O agreeing that he believed that the dope was the brother's. That might not be that helpful in court, but it would certainly underscore the injustice of what is happening. Frankly, I feel it's a waste of my tax dollars that your fiance would be housed in a prison for a probation violation that didn't happen. The detainer means that there is something else that needs to be cleared up before he can be released, some other jurisdiction that he must answer to. That doesn't get lifted until that agency releases him, which will probably require a court appearance. It looks like he's been released to the custody of the US Marshalls, who perform a role for the federal government that is somewhat similar to some of the legal duties of a county sherriff for your county. One of the things the Marshalls do is account for the custody of people suspected of federal crimes, and escort them from place to place as the courts require. You'll need an attorney to sort this out, and it will be a very tough fight. Unless the brother is willing to confess and be punished, it may be hopeless. My condolences for the way his brother's crime has affected him, and for the way the federal government compounds the injustice.
2016-05-21 22:48:58 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In some states, probation officers do not need a search warrant to check the residence of a person on probation. Your conviction MAY have rendered some of your rights null & void. Check with a lawyer, not yahoo answers!
2006-11-08 12:37:31 · answer #3 · answered by rjrmpk 6 · 0⤊ 0⤋
Among the standard terms and conditions of probation is that you give up some of your rights, and one of those is the right to be free from search and seizure. If you read the court order placing you on probation, it probably states that they can come to your home or work at any reasonable time.
This means that, even though you weren't there, your probation officer was allowed to search your residence.
2006-11-08 12:43:28 · answer #4 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
Ok how old are you? Do you live with your parents. If you live with them then yes they can search the house with out them being there, but you are saying your mother is there. The officers can search all common areas and your room if you live there even part time. if your parents live there and you just visit a lot they can search the place if your parents give permission.
2006-11-08 10:07:38 · answer #5 · answered by Coconuts 5 · 0⤊ 0⤋
I know that in Texas and Arizona it is legal for them to do a search where you reside without your permission i dont know about where you live you might want to check with your law er,and if it is there shouldn't be any alcoholic beverages or drugs in the house hold good luck
2006-11-08 09:57:05 · answer #6 · answered by mart1gon 2 · 0⤊ 0⤋
Short answer is YES. If it is PROBATION you are on and not PAROLE, they most probably need a search warrant, too, unless your Mom ALLOWED them to search.
If they had a Search Warrant, then they can look for only those items listed on the warrant. If, however, in the process of their search, they see something IN PLAIN SIGHT, it, too, can be seized.
2006-11-08 09:56:25 · answer #7 · answered by Len_NJ 3 · 0⤊ 0⤋
If it was your mother's house and she let them in then yes it is legal but if you own the house which in this question above you say you don't then it is illegal because the owner of the house (you) were not present.
and did they show you the marijuana they said you had? and does anyone else live there besides you and your parents? if so it might be theirs and was "misplaced"
2006-11-08 10:05:58 · answer #8 · answered by Skittle 1 · 0⤊ 0⤋
Most perfectly legal considering it is your parents home and not yours. Only one of your parents need be present for the search, however, your parent(s) could have declined their search.
2006-11-08 09:53:32 · answer #9 · answered by omvg1 5 · 0⤊ 0⤋
The have to have the consent of the home owner to enter the home and that person must be present, unless the home owner is you. Then you must be present for them to enter. If it is your home and you were gone but your mother let them in... totally illegal.
2006-11-08 09:53:18 · answer #10 · answered by Anonymous · 0⤊ 0⤋
yes, it is perfectly legal, you give your rights to allow them to search your living area when you accept being on probation.
2006-11-08 13:27:55 · answer #11 · answered by Anonymous · 0⤊ 0⤋