Wrong House!

[out for blood..]

What is the name of your state?
Louisiana

My nieces' house was raided, when she asked where the search warrant was, she was told by her ex-boyfriend's probation officer, they didn't need one because they were looking for him on probation violation. She told the officer he didn't and had never lived here and that she hadn't seen him for about 2 months, but the officer entered her house anyway (she had company at the time and her 2 yr old daughter). After searching her entire house, a joint was found above the bathroom cabinet. At this point, everyone there was personally searched. One of her guests had a bag with meth residue in it in his wallet. Needless to say my niece received some substantial charges, was finally bailed out after 1 1/2 weeks and hasn't heard another word from anyone until last week (will be 1 year today). She has court next wednesday.
Any Sincere advice?
Can the probation officer actually search her house without a warrant and the fact that he had never lived there?

 

[seniorjudge]

What is the name of your state?
Louisiana

My nieces' house was raided, when she asked where the search warrant was, she was told by her ex-boyfriend's probation officer, they didn't need one because they were looking for him on probation violation. She told the officer he didn't and had never lived here and that she hadn't seen him for about 2 months, but the officer entered her house anyway (she had company at the time and her 2 yr old daughter). After searching her entire house, a joint was found above the bathroom cabinet. At this point, everyone there was personally searched. One of her guests had a bag with meth residue in it in his wallet. Needless to say my niece received some substantial charges, was finally bailed out after 1 1/2 weeks and hasn't heard another word from anyone until last week (will be 1 year today). She has court next wednesday. Any advice?

Q: Any advice?

A: Hire a good criminal defense attorney.

 

[CdwJava]

Can the probation officer actually search her house without a warrant and the fact that he had never lived there?

This will be an issue of fact for the courts. On the face of it, it would appear that the search was not legal. However, if the probation officer can show that there was good cause to believe this was his residence (it was listed on probation records, bail information, household records - bills, utilities, etc.) then the search was done in good faith.

And a probation search does not usually require a warrant.

Your niece should seek out an attorney.

Keep in mind that you may not be getting the whole story ... I doubt the Probation officer would have just decided to hit her house for the heck of it. Unless he is a complete moron, it is likely that he had some reason besides a random guess that he lived there.

But, then, this IS Louisiana we are talking about ... anything is posssible there.

- Carl