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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 08-26-2001, 04:21 PM
indygirl928
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improper or illegal search?


I live inIndiana. My 22 year old son is on 6 month probation for violation of privacy. 2 weeks ago, probation and sherriff did unannounced search of our home. they searched whole house and found nothing. i am being told that according to indiana law that they can only search my sons bedroom and common areas like living room bathroom ect. is this true? i feel that my rights have been violated as they tore apart both my and my daughters bedrooms. can anyone give me any advice? p.s. no probable cause, just routine probation search. thanks!
  #2  
Old 08-26-2001, 07:42 PM
whipsnake
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common areas is considerred by probation officers as places where people who live outside the home congregate. probation officers are allowed to search the whole residence unless otherwise noted
  #3  
Old 08-29-2001, 01:43 PM
Not Guilty
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Typically when one is placed on probation, they give up their reasonable expectation of privacy. You have no standing to contest your son's rights, your son will not prevail in a 4th amendment violation. You need to find a local criminal law practitioner to investigate if a search warrant is necessary for a probation search in your jurisdiction. The scope of a search without a warrant is merely a protective sweep, that is law enforcement can look anywhere a person may hide who could possibly harm law enforcement.
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Old 08-29-2001, 10:34 PM
indygirl928
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Smile

thanks


Thanks for the advice everyone!

indygirl
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