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Always been curious as to what rights are lost when on probation, now I know there is felony probation and misdemeanor probation.. Does the answer differ for one or the other?

2007-09-11 14:48:59 · 12 answers · asked by gyva02 2 in Politics & Government Law Enforcement & Police

12 answers

Yes, if it is your probation officer. When you do the paperwork to be put on probation you give them the right to search anytime for any reason.

2007-09-11 14:58:05 · answer #1 · answered by Sloan R 5 · 1 2

Over the past several years, the U.S. Supreme Court has heard several cases from California. The essence of these cases is that if you have a probation condition that permits law enforcement to search you, you have a lesser expectation of privacy. As such, the police can search you without first obtaining a warrant and do not need probable cause though they do need some objective basis for the search. These cases seem to be based on the language in the probation conditions, though all forms of probation do involve some loss of expectations of privacy.

2007-09-11 16:38:06 · answer #2 · answered by Tmess2 7 · 3 0

Your status on probation does not forfeit your constitutional rights against illegal search and seizure. Now your probation officer, thats a different story. Tell him no and see how quickly you end up in jail for a probation violation.

2007-09-11 17:41:59 · answer #3 · answered by Family Guy 3 · 0 2

It does not matter what type of probation - reporting is typically for a larger case ,non reporting is for misdemeanors-If you are on probation then they have the right to do it. I would think though that if you were on non reporting probation that the police would not take that much of a interest to do such unless there was some other factors there.

2007-09-11 14:53:49 · answer #4 · answered by CherryCheri 7 · 4 2

in the event that they'd see a social gathering going on and notice minors ingesting from their patrol motor vehicle on the line, that provides them probably reason to flow into the homestead. in the event that they actually do scent marijuanna they'd seek the prompt area yet not the excellent homestead. in the event that they lie approximately smelling marijuanna and seek the homestead, they're violating the regulation and the valuables proprietor's rights. so a great way as looking by way of homestead windows, they don't be attentive to what room the window finally ends up in till they seem so i've got not got faith looking by way of a showering room window may be sexual harassment except they do it lower back and lower back. additionally, i think they'd in straightforward terms seem from the line except they see a regulation being broken. No they can't come into the homestead in simple terms be reason there are minors on the social gathering. they could have some reason to have faith that the minors are incredibly ingesting. That reason must be that a neighbor stated there grew to become into underage ingesting.

2016-10-10 10:14:17 · answer #5 · answered by ? 4 · 0 0

If there is a search clause in your probation then, yes, they can search your home, car, person.

2007-09-11 19:12:43 · answer #6 · answered by California Street Cop 6 · 1 0

Absolutely. No difference in felony or misdemeanor. They can search you, your car, and anybody you are with. They can also do random drug testing. You are basically a ticking time bomb. It's very important to know all the limits of your probation. Some may even restrict your movements from county to county. And "I did't know" isn't going to be a defense if you mess up.

2007-09-11 14:54:12 · answer #7 · answered by .. .this can't be good 5 · 4 2

If an individual is on probation his home is subject to search if there is probable cause.

2007-09-11 14:54:50 · answer #8 · answered by smsmith500 7 · 3 2

Police can not search your house unless there is probable cause to believe an illegal activity is taking place inside. Other than that, a warrant must be rendered from a judge to come in and legally search your house/apartment/dwelling.

2007-09-11 14:52:57 · answer #9 · answered by Glen B 6 · 0 5

that gives them the right to search you and your house.

2007-09-11 15:36:49 · answer #10 · answered by Anonymous · 1 3

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