house probation

[yankeebandito49]

What is the name of your state (only U.S. law)? California. Can a probation officer ask for your house keys to do a search anytime they want.

[JETX]

Originally Posted by yankeebandito49

Can a probation officer ask for your house keys to do a search anytime they want.

If you are on probation... yes.

[CdwJava]

Originally Posted by yankeebandito49

What is the name of your state (only U.S. law)? California. Can a probation officer ask for your house keys to do a search anytime they want.

Your probation officer is asking for copies of your keys that he might hold on to in order to search your home at will?

I have never HEARD of this procedure, and as an administrator I would not want to have that responsibility as it just creates a HUGE pile of liability for the probation department. However, while I would think it a bad idea for a number of reasons, I do not know that it is unlawful. But, if I were you, I would call his office and ask to speak to his supervisor and confirm that this is a policy or practice of the agency.

[HighwayMan]

That does sound a bit fishy. I have never heard of such a situation either.

[cyrus_2112]

I'm not a cop or lawyer, but I can say that it smells not just illegal, but unconstitutional. IN my state, a probation officer cannot enter your home unless you, the person on probation, is at home. Now if a person answers the door and says you aren't there, but they have reasonable cause to believe you are, then that is a different story. Just as if a warrant is being served. The police can knock on your door, but they have no right to enter your home unless you refuse to come out, or you don't answer, but they know you are there because they saw you walk in the house two minutes before they came calling. Turning your keys over to someone else, absurd. I mean, a landlord doesn't possess the right to have keys to a house they own but are renting to you. They can tell you they do, but by law, they cannot enter without your permission or they have given you notice that they need to get in for a specific reason, and you have the right to be there. They never have the right to enter without you being present if they haven't notified you first. The same would have to apply to a probation officer, after all, there are other people's rights that must be respected, that is if you don't live alone. As the other respondent stated, the liability would be more than most jurisdictions would want to shoulder, I believe.

[CdwJava]

In CA the probationer does not have to be there to allow for a search. The issue with the key is a huge liability issue, and while it may not be unlawful, it is something that I doubt the agency administrator would want to have hanging over his head.