probation

[SHERSNOVA2]

What is the name of your state?california
just curious when i go to jail, will probation be able to come and do a search at my residence?

[CdwJava]

Originally Posted by SHERSNOVA2

What is the name of your state?california
just curious when i go to jail, will probation be able to come and do a search at my residence?

If you have probation conditions that include search stipluations, yes. If not, then they would likely have to get a warrant or consent.

- Carl

[calatty]

The law on this issue is not settled. Coincidentally I just made an argument in a case that a probation search is not permitted when the probationer is not being supervised by probation in the community but by jail authorities in jail because probation searches must, by law, be related to the purposes of probation. When the probationer is in custody, s/he is not a risk to the community and is abiding by the conditions of probation.

[CdwJava]

Originally Posted by calatty

The law on this issue is not settled. Coincidentally I just made an argument in a case that a probation search is not permitted when the probationer is not being supervised by probation in the community but by jail authorities in jail because probation searches must, by law, be related to the purposes of probation. When the probationer is in custody, s/he is not a risk to the community and is abiding by the conditions of probation.

Makes sense. And I've never seen it done (a probation search while a subject is in custody), but I suppose it has been.

- carl

Originally Posted by calatty

... When the probationer is in custody, s/he is not a risk to the community and is abiding by the conditions of probation....

Or at least is in a place where a violation should be spotted pretty quickly.