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Probation Searches

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epurvis2

Guest
What is the name of your state? California
Is there anyone who can tell me if there are any limits to what can and can not be searched in regards to a person being on probation? Does a homeowner have any rights when a person is on probation as to what and where can be searched? Do those rights (if any) change if the person should have a warrant for probation violation? I have heard that the only places that can be searched are the areas that the person on probation has actual physical access to. Can anyone verify this for me? I truly appreciate any and all advice that can be given in this matter. It is very important to me. Thank you to all in advance
 


I AM ALWAYS LIABLE

Senior Member
epurvis2 said:
What is the name of your state? California
Is there anyone who can tell me if there are any limits to what can and can not be searched in regards to a person being on probation? Does a homeowner have any rights when a person is on probation as to what and where can be searched? Do those rights (if any) change if the person should have a warrant for probation violation? I have heard that the only places that can be searched are the areas that the person on probation has actual physical access to. Can anyone verify this for me? I truly appreciate any and all advice that can be given in this matter. It is very important to me. Thank you to all in advance

My response:

By allowing a probationer to live with you, you were informed of, and knew, the Rules; i.e., you knew that you were waiving your 4th Amendment rights. The probation officer and other police authorities, therefore, have the right to search the entire premises where the probationer is residing. The police do not make any differentiation between rooms in a house because a probationer has the "potential" to be in any part of the house. Thus, the entire house is subject to search.

Don't like it? Then kick the probationer out.

IAAL
 
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epurvis2

Guest
Thank you for your quick response. Your advice was greatly appreciated.
 

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