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