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spousal rights to person on probation

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mimi27drey

Junior Member
What is the name of your state?Arizona

To start with I have never been arrested or been charged with a crime.

My husband was recently put on probation, the probation officer chose to do a search of my home. This took place while I was at work and my husband was home alone. My husband told me that the officers where very concerned with what time I would be home asking him in excess of 10 times throughout the search as if they wanted to be done and gone before I arrived. My neighbor notified me the search was being conducted. I left work about 1 hour early to arrived as they were finishing up and was informed by the probation officers and assisting city police that I was not permitted in my home until the search was completed. When I asked for a copy of the search warrant I was told they did not have or need a search warrant because of his probation status. The home is owned by both of us, my husband was told that if he did not open my safe they would break it open (the safe containing only my personal items). They took several Items out of my home I was not and still have not received a list of these items and why they were taken. But most of them where mine alone and had nothing to do with my husband.

So Basically my question is Do I have to forfeit any of my constitutional rights because my husband is on probation? Am I not entitled to have a search warrant presented to me before my house is searched? Do I have to give up my right to privacy? My right to bear and keep firearms in my own home? I am being treated by the probation office as if I were on probation along with my husband. What can I do? and do I have any recourse

It is none of the states business what is in my pantie drawer but they went through it, and photographed it!!!
 
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garrula lingua

Senior Member
You have no actual rights regarding your shared home - your husband forfeited your 4th Amendment rts regarding your home when he accepted probation in lieu of state prison.

If he's around a gun (say, yours), that will likely be a violation of his probation, as well as basis for a new charge.

Any contraband found in his home, he will be responsible.

Put it this way: you love your guy so much, you are willing to help and support him through this difficult probationary period when he has very limited rights (and that's contagious - see, you have to give up some rights to be with him).

Or...if you're outraged, kick him to the curb and regain all your rights.
 

mimi27drey

Junior Member
Why do I give up any rights?
Your answer tells me to deal with it. I feel this way of thinking gives the probation officers the attitude that I don't have any rights and that they can treat me as if I am on probation as well. (God complex) I think that there should be clear lines set where my rights start to be violated. If this is the case why did they not have to inform him that me exercising my rights could possibly have him violated.
 

CdwJava

Senior Member
Well, now you KNOW that his probation may restrict some of your freedoms as well. As you were advised, your options are limited - kick him to the curb, or roll with it. HE cannot have a gun or contrband where HE can have access to it. If YOU keep a gun where HE can access it, then HE can go to jail.

And they DID tell him his conditions of probation ... he KNOWS what can get him violated. If you weren't clear on it maybe you need to talk to his probation officer to make sure what his conditions are.

This is what all the loved ones of probationers and parolees have to live through, so you are not unique in this.

- Carl
 

mimi27drey

Junior Member
His probation officer refuses to speak with me. My husband and I have been going over every piece of paperwork he has been given and the ARS codes regarding this issue and have found no clear answer to where my rights can be violated or even bent a little.

He has only been on probation for 2 weeks I am sure that more will be revealed to me in time by the PO office, but I would like to know what to expect. And what steps I can take to protect my rights. And what I can do to make sure I don't accidentally get my husband violated.


He is not allowed to consume alcohol, does that mean I can not have beer in my fridge? because he has access to it?
 
Welcome to probation...

That is exactly what it means. Your husband is on probation and living in the home with you, consider yourself on probation, only you wont go to jail for violating it as he will.

Every condition of his probation applies to the household. No alcohol, no firearms, etc is allowed in the HOUSEHOLD. They don't care if it's his or yours. Your rights are not being violated, you're the one who decided to live through this with him, you have the right to move out.
 

CdwJava

Senior Member
mimi27drey said:
His probation officer refuses to speak with me. My husband and I have been going over every piece of paperwork he has been given and the ARS codes regarding this issue and have found no clear answer to where my rights can be violated or even bent a little.
YOUR rights are not being infringed upon ... you have a choice: help him comply with HIS conditions of probation, or boot him out.


He has only been on probation for 2 weeks I am sure that more will be revealed to me in time by the PO office, but I would like to know what to expect. And what steps I can take to protect my rights. And what I can do to make sure I don't accidentally get my husband violated.
Like what? Do you have drugs or guns sitting around?


He is not allowed to consume alcohol, does that mean I can not have beer in my fridge? because he has access to it?
That depends ... if his restriction is not to CONSUME it, then possession in the fridge is not likely to be a violation. if he is not to POSSESS it, then being in the fridge will be a problem.

- Carl
 

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