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Probation search

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gaems143

Member
What is the name of your state? GA
If a convicted felon is on probation and his residence is searched and guns were located at that residence, should he be arrested even though he was not home at the time of the search? It is his verifiable residence and he has lived there for 3 years.

He is on unsupervised probation from Oglethorpe Co. and lives in another county. His residence was searched by request of Oglethorpe Co. by probation officers of a neighboring county due to his "friendliness" to the police of his residing county. Was this a legal search and should be have been arrested?
 


JETX

Senior Member
gaems143 said:
If a convicted felon is on probation and his residence is searched and guns were located at that residence, should he be arrested even though he was not home at the time of the search?
Yep.

Was this a legal search and should be have been arrested?
Very likely... as probation includes the 'universal' right to be searched including his premises.
 

JETX

Senior Member
gaems143 said:
Should he have been arrested even though he was not home at the time of the search?
No. He should have been arrested at wherever he was when they found him.
 

CdwJava

Senior Member
gaems143 said:
Should he have been arrested even though he was not home at the time of the search?
What should they have done? Let the whole thing go? Is he arguing that while he was out someone broke in to his home and planted the weapons?

- Carl
 

gaems143

Member
Probation Search

They said that the wife took the guns into the home while he was away. She also asaid that the guns belonged to her 9 year old son. Her father is in law enforcement and we believe that there was a cover up. Now we can't prove anything and the court won't let us remove the kids because now there is no "immediate danger". The guns were supposedly removed now. But he is free. Any ideas?
 

CdwJava

Senior Member
gaems143 said:
They said that the wife took the guns into the home while he was away. She also asaid that the guns belonged to her 9 year old son. Her father is in law enforcement and we believe that there was a cover up. Now we can't prove anything and the court won't let us remove the kids because now there is no "immediate danger". The guns were supposedly removed now. But he is free. Any ideas?
Who are "they"?

It sounds like he's alleging that while he was out of the house, his wife brought the guns inside with the apparent intent to get him in trouble. If so, he needs an attorney to defend this because the allegation is a tad unbelievable. It could be so, but it's not too likely.

To defend against the man would likely have to show where the guns had been up until the time he left the home. It might also depend on how long he had been out of the home, and when he last visited. If he left for the day, the story of planting guns is weak. if he had been out of the home and had not spent a night there in a couple months, he might stand a better chance. Although if that had been the case, advising his probation officer of where he was living is likely required, so his failure to do so may imply he was still living there.

- Carl
 

gaems143

Member
Cruelty to Children

The probation officer (they) and company (judge) said that it was a possibility that the ex-wife brought the guns into the home while he (felon) was away. Not to plant them to frame him. But when he left for work, she went to her father's and got the guns and brought them home for whatever reason and then took them back to her father before he got home. Therefore, the guns were not in the house while he was there and he violated nothing. All of this reasoning is to make the felon look blameless and keep him out of jail. Any ideas on who we need to contact?
 

CdwJava

Senior Member
Okay ... so ... probationer has no guns at his home ... ex-wife goes to her fathers and for some reason brings guns from dad's house to probationer's house and then takes them to dad's again. So ... if the guns were at dad's house, how were they found at the probationer's house?

This is either very odd, or I'm not clear on what happened here at all.

He needs an attorney who can review the reports and see what is what.

The bottom line, legally, is that if guns were found in his residence and this violated his probation and/or other state laws, he could be picked up later within the restrictions of state law regarding the time, place and manner of an arrest for this type of offense. If they found guns at his place in violation of probation or other law, they can very likely scoot over to where he works and pick him up and haul him to jail. If he is arguing that guns were snuck in and out of his home he is going to have an uphill fight on his hands.

he needs an attorney.

- Carl
 

mrmass

Junior Member
It sounds to me as if the OP wants to felon to go to jail and is wondering why he is still free. If I read all this right.....
 

CdwJava

Senior Member
gaems143 said:
That is correct.
Okay ... well, if its confusing to us in how you're stating it, imagine how it must be to the cops. If they did NOT find guns at his house, then they cannot arrest him.

Whether he SHOULD have been arrested is a question of agency policy, and a matter of the law in the state of GA. I would think he COULD have been, but it is entirely possible they don't have a clear crime or probation violation to charge him with. If the question of how the guns got there (if any wewre found ... and I'm fuzzy on that right now) is not clear, and they cannot tie the probationer TO the guns, then violating him becomes difficult.

What is your interest in all this anyway?

- Carl
 

gaems143

Member
My husband loves his children and is suffering through this. My husband is my life and I don't like to see him hurt. I was just doing some research for him. Thanks.

By the way, there were 7 guns found in the search.
 

mrmass

Junior Member
So the situation is that your husbands ex-wife lives with a felon and your husbands children. The felon supposedly has guns, but you suspect police won't do anything because your husbands ex-father in law is in the policeforce. You feel thats ridiculous and mainly want the children out of this.
Correct ?
 

gaems143

Member
Probation Search

Sorry it took so long to get back, but yes that is it. My SS talks about killing a deer last year with his "stepdad's" gun. Is there anything we can do?
 

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