• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

probation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

SHERSNOVA2

Junior Member
What is the name of your state?california
just curious when i go to jail, will probation be able to come and do a search at my residence?
 


CdwJava

CdwJava

Senior Member
SHERSNOVA2 said:
What is the name of your state?california
just curious when i go to jail, will probation be able to come and do a search at my residence?
Click to expand...
If you have probation conditions that include search stipluations, yes. If not, then they would likely have to get a warrant or consent.

- Carl
 
C

calatty

Senior Member
The law on this issue is not settled. Coincidentally I just made an argument in a case that a probation search is not permitted when the probationer is not being supervised by probation in the community but by jail authorities in jail because probation searches must, by law, be related to the purposes of probation. When the probationer is in custody, s/he is not a risk to the community and is abiding by the conditions of probation.
 
CdwJava

CdwJava

Senior Member
calatty said:
The law on this issue is not settled. Coincidentally I just made an argument in a case that a probation search is not permitted when the probationer is not being supervised by probation in the community but by jail authorities in jail because probation searches must, by law, be related to the purposes of probation. When the probationer is in custody, s/he is not a risk to the community and is abiding by the conditions of probation.
Click to expand...
Makes sense. And I've never seen it done (a probation search while a subject is in custody), but I suppose it has been.

- carl
 
S

seniorjudge

Guest
calatty said:
... When the probationer is in custody, s/he is not a risk to the community and is abiding by the conditions of probation....
Click to expand...
Or at least is in a place where a violation should be spotted pretty quickly.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top