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what is a legal probation search

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bowletqueeen

Junior Member
What is the name of your state? california do they have the right to jump the fence at 1am threw the back yard & creep up on you not noing if you are home. & say its a probation check.
 


Just Blue

Senior Member
What is the name of your state? california do they have the right to jump the fence at 1am threw the back yard & creep up on you not noing if you are home. & say its a probation check.
Who is "they"? If it is your probation officer or the police...Then yes.
 

CdwJava

Senior Member
do they have the right to jump the fence at 1am threw the back yard & creep up on you not noing if you are home. & say its a probation check.
Were you home?

Yes, when you are subject to a waiver of your 4th Amendment rights as a condition of probation, the wording includes language that states you agree to a search of your person, property and possessions at any time by law enforcement or probation officers even without good cause.

Probation is meant to be uncomfortable.

If it can be shown that the officers are using your probation conditions ONLY to harass you, then they could be in trouble. However, if they snuck up on you at 1 AM and caught you doing something bad, then that's your problem.

- Carl
 

CdwJava

Senior Member
which is why people would rather do 60 days then a year of probation
Out here you would probably do the 60 days PLUS two years probation. :D

60 days is not likely to absolve you of probation. I have yet to ever hear of anyone refusing probation when it means getting out ... but, I imagine there have been people who have done so.

- Carl
 

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