Probation rights

I need accurate information for the State of California, county of Orange. My Girlfriends son ( 20yr) lives at home with us. He has a misdemeanor conviction and is on formal probation. About twice a month, 7 or 8 armed sherrif come storming into our tiny house to do a "random standard probation check". they proceede to totally trash his room, since that is where he sleeps, and then insist on searching the rest of the home, including MY bedroom and office. I have been able to keep them from that by stating that he dosnt have access to my areas.... but they may come around when I am not able to defend MY property by verbal request to keep out. I need to know what MY rights are as a home owner are with a person on probation living in one of the rooms in my house. Do they have a right to destroy property while doing thier search? ( breaking picture frames and lamps, knick knacks etc..) Do they have the right to treat me and my Girlfriend like criminals during a search? ( sit down and shut up.... no you may not make a phone call..) Do they have the right to search the premisis when the son ISNT here? do I even have to let them in the house if he isnt home? Can they come in on thier own through an unlocked door? ( they did tonight...announced "Sherrif.. and opened the door and came in the kitchen...) If they are violating my rights.. how do I make the noise that gets them to stop and do it by the book? Where can I find a list of rule that they need to follow when they do a probation search?

Thank You....

Magic2u
( YES... I am a magician...they keep asking where I am hiding the Tiger.. and they are SERIOUS about it...)

Some general advice: I would get an attorney if I were you, to represent YOU. It won't cost you that much, just a couple hours of his time. Personally, I would not go wading into the sea of "bureaucracy vs civil rights" without an attorney.

If you absolutely can't afford an attorney, you might try calling the son's probation officer and politely ("more flies with honey...." approach) suggesting that the son be treated as a boarder and his room as a separate "apartment" for purposes of the search. Since you are related to him though, and might therefore be colluding with him (in the eyes of probation), that might not fly. But do complain (again politely) to the Probation Officer anytime there is anything broken.

Another possible tactic is to write your county legislator, and the head of the probation office, with a complaint. Note that this works best if you have a clean record yourself. If there is anything to suggest that you are not a fine upstanding citizen you can expect a much harder time getting any action from elected or appointed government officials. Caveat: the quality of your writing, including the logic of your arguments, is all the reader has to judge you on-----so make sure it is perfect, factual and non-hostile. If you have any doubts about your communication skills, it is worth having an uninvolved third party read such a letter before sending it, to provide you with feedback and comments.

REMEMBER: The PO has the power to revoke the son's probation. So try not to tick him off (unless you want the kid back in jail). That's one of the values of having an attorney---it creates a buffer between you and the authorities, to keep things depersonalized and from becoming hostile. And, I think the authorities are more cautious about how they handle folks who have legal representation. (Think like a bureaucrat: most want nothing to happen that might tarnish their careers. That being said, they're people just like you and me who want to be treated politely and respectfully. Insist upon the same treatment from them.) Attorneys also help evaluate the "risk" (potential ramifications) of any action you might be contemplating, as well: that's why they're called "counsel"!