this person has stayed out of trouble, been to every appointment, paid all the money and has passed all the drug screens yet the probation officer wants to do a search of the home and was given no explanation
2007-10-04 05:06:59 · 17 answers · asked by jean d 6 in Politics & Government ➔ Law Enforcement & Police
Yes...... The probable cause is the person is on paper which means the state has total control over them and thus their person and home and car can be searched at anytime, and every area can be searched.
2007-10-04 05:12:15 · answer #1 · answered by Dog Lover 7 · 4⤊ 1⤋
The probation officer does not need to provide an explanation nor articulate a cause for the search. Probation searches are authorized under the terms and conditions of the probation order.
Unannounced visits and searches are not only permitted by should be expected by the person on probation.
2007-10-04 05:13:37 · answer #2 · answered by malter 5 · 3⤊ 1⤋
Yes because that is intensive probation from the sound of it. They have the right to do random searches and what not like drug screens. Sounds to me if this person has been on probation for awhile they are doing either a random search or someone has set them off in that direction with a phone call.
2007-10-04 05:57:17 · answer #3 · answered by debbie f 5 · 2⤊ 1⤋
Most probation agencies are either accredited, or, are seeking accreditation by the American Correctional Association. As a part of this process there must be a grievance procedure which allows your GF to submit a written complaint to her PO's superior. Your GF may have had to give up her rights to freedom from search, but you didn't. It shouldn't be difficult to get the name of the supervisor. Call the office and ask. Then submit a grievance. It should be done by your GF, as she is the one on probation. If that doesn't get any result, take it to a higher level. Good luck.
2016-04-07 03:44:42 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Jean, indeed they can. That is part of the probation. Your life now belongs to the PO and the court system. Excuse me, your friends life is what I mean. I feel something has transpired or said to the courts or to the PO or to a detective that would warrant a house search. That usually is not done when someone is on probation. As far as an explaination, they do not need to explain anything to your friend. I am sure that the house search was ordered by the courts. I hope this helped honey. Blessing and Good Luck !!!
2007-10-05 01:47:13 · answer #5 · answered by DERLANDSON 4 · 0⤊ 1⤋
Yes, if this person is still on probation, part of the law states that they can check the house any time until probation is over. If you knew when someone was going to show up you could move whatever it is you dont want them to see... so they will just show up and you will be in violation of probation if you dont let them in. They will then get a search warrant and it will be more trouble for your friend. Good luck.
2007-10-04 05:33:32 · answer #6 · answered by shadowsthathunt 6 · 1⤊ 1⤋
YES! Probationers sign a 4th amendment wavier as a condition of probation (you don’t have to sign, you can go to prison if you prefer!)
Probation Officers can search your home, car, person, ect. If fact the court expects them to do these searches, if your PO isn’t doing this, they are not doing their job!
2007-10-04 05:33:18 · answer #7 · answered by Magic Matt 4 · 1⤊ 1⤋
Yes, basically being probation is considered "cause".
Depends on the specific terms of the probation but generally, yes, people on probation are not considered free people.
2007-10-04 05:10:29 · answer #8 · answered by alanastarkey 3 · 2⤊ 1⤋
Being on probation, you are consenting to property searches at the whim of the probation department.
2007-10-04 07:09:11 · answer #9 · answered by sensible_man 7 · 0⤊ 1⤋
Yes, it is a part of the terms of probation given to the probationer at the time of sentencing.
2007-10-04 05:09:58 · answer #10 · answered by Anonymous · 3⤊ 1⤋