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Another Probation Search

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GettingBackFeet

Junior Member
What is the name of your state? Indiana

Ok, I have a front door, you go down steps to a second door to get in my apartment. The police, with the probation officer, came through the front door and knocked on the second. My friend was asleep on my couch and answered the door. I was at a job interview and was obviously not home. The police handcuffed my friend and searched for me. My order of probation states this..."You shall submit to a search of your person or your property by any probation or police officer at any time during the term of your probation." I was not there to submit to the search and I believe my friend did not give them permission to search. He is not a resident and is not on the lease. I feel like my rights may have been violated. I know that while on probation they may come search your place without a warrant and that failure to yield will be a violation, but I was not there to consent to the search or refuse it. Can they still come in? Whether the door is locked or not? My front door was open with the screen door shut, they let themselves into my premises and proceeded down the stairs to my living room door and knocked. Thanks for your help!
 


You Are Guilty

Senior Member
GettingBackFeet said:
What is the name of your state? Indiana

Ok, I have a front door, you go down steps to a second door to get in my apartment. The police, with the probation officer, came through the front door and knocked on the second. My friend was asleep on my couch and answered the door. I was at a job interview and was obviously not home. The police handcuffed my friend and searched for me. My order of probation states this..."You shall submit to a search of your person or your property by any probation or police officer at any time during the term of your probation." I was not there to submit to the search and I believe my friend did not give them permission to search. He is not a resident and is not on the lease. I feel like my rights may have been violated. I know that while on probation they may come search your place without a warrant and that failure to yield will be a violation, but I was not there to consent to the search or refuse it. Can they still come in? Whether the door is locked or not? My front door was open with the screen door shut, they let themselves into my premises and proceeded down the stairs to my living room door and knocked. Thanks for your help!
If you disagree with the search, you are 100% free to go back to jail. Your call.
 

TYRIS

Member
GettingBackFeet said:
What is the name of your state? Indiana

Ok, I have a front door, you go down steps to a second door to get in my apartment. The police, with the probation officer, came through the front door and knocked on the second. My friend was asleep on my couch and answered the door. I was at a job interview and was obviously not home. The police handcuffed my friend and searched for me. My order of probation states this..."You shall submit to a search of your person or your property by any probation or police officer at any time during the term of your probation." I was not there to submit to the search and I believe my friend did not give them permission to search. He is not a resident and is not on the lease. I feel like my rights may have been violated. I know that while on probation they may come search your place without a warrant and that failure to yield will be a violation, but I was not there to consent to the search or refuse it. Can they still come in? Whether the door is locked or not? My front door was open with the screen door shut, they let themselves into my premises and proceeded down the stairs to my living room door and knocked. Thanks for your help!

-You do not have to be present to have you residence searched while on probation, no consent is needed.


Tyris
 

I AM ALWAYS LIABLE

Senior Member
TYRIS said:
-You do not have to be present to have you residence searched while on probation, no consent is needed.


Tyris


My response:

Criminals can be so stupid! Oh, wait . . . they ARE stupid. That's why they're criminals in the first place!

IAAL
 

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