Search regulations for probationees and their housemates

[KarenRas]

What is the name of your state? CA

Mh live-in boufriend is pn probation and is subject to being searched because of that which i understand includes his place of residence. My questions are: is law enforcement allowed to search my purse, my 7 year old son's room, my drawers in the bedroom i share with my boyfriend, my vehicle, or me physically because he is on probation? Also, for normal routine probation searches are there specific time guidelines that they can come? If my boyfriend is at work do i have to let them in to search?

 

[quincy]

What is the name of your state? CA

Mh live-in boufriend is pn probation and is subject to being searched because of that which i understand includes his place of residence. My questions are: is law enforcement allowed to search my purse, my 7 year old son's room, my drawers in the bedroom i share with my boyfriend, my vehicle, or me physically because he is on probation? Also, for normal routine probation searches are there specific time guidelines that they can come? If my boyfriend is at work do i have to let them in to search?

All depends on the conditions set forth for your boyfriend by the probation office. None of what you describe would necessarily be off-limits for a search, except perhaps for a physical search of you.

 

[Just Blue]

What is the name of your state? CA

Mh live-in boufriend is pn probation and is subject to being searched because of that which i understand includes his place of residence. My questions are: is law enforcement allowed to search my purse, my 7 year old son's room, my drawers in the bedroom i share with my boyfriend, my vehicle, or me physically because he is on probation? Also, for normal routine probation searches are there specific time guidelines that they can come? If my boyfriend is at work do i have to let them in to search?

They are allowed to search anyplace your BF has access to. They are allowed to search whether he is home or not...at any time. If your son is not the BF's child I highly suggest you remove him and yourself from this situation. The father of the child may file for primary custody based on the terrible situation you have him in. This is no way for a little boy to live.

 

[quincy]

What offense did your boyfriend commit?

I agree with Just Blue that this does not sound like a healthy environment for your young son.

 

[KarenRas]

All depends on the conditions set forth for your boyfriend by the probation office. None of what you describe would necessarily be off-limits for a search, except perhaps for a physical search of you.

Thank you! What if my son is asleep in his room when they come? What if no one is home when they come? Can they come into the home if no one is there to let them in?

 

[Just Blue]

Thank you! What if my son is asleep in his room when they come? What if no one is home when they come? Can they come into the home if no one is there to let them in?

sigh...

If your son is asleep he may be woken up during the search. If no one is home they may come back later or may force the door open.


What is it that your bf is on parole for? That could make a difference in the answers you get.

 

[KarenRas]

sigh...

If your son is asleep he may be woken up during the search. If no one is home they may come back later or may force the door open.


What is it that your bf is on parole for? That could make a difference in the answers you get.

He is on felony probation for a drug charge. Hes been on probation for 3 years now with 1 year to go. He is drug tested often and has never had a dirty test in 3 years. He has a great job and works 60-80 hours a week. Im aware that almost anything goes in terms of searches and we have nothing to hide so its fine but want to also know if they can come at any time of day? I would rather not have my son woken in the middle of the night when its quite difficult to get him in bed at a reasonable hour in the first place.

 

[Just Blue]

He is on felony probation for a drug charge. Hes been on probation for 3 years now with 1 year to go. He is drug tested often and has never had a dirty test in 3 years. He has a great job and works 60-80 hours a week. Im aware that almost anything goes in terms of searches and we have nothing to hide so its fine but want to also know if they can come at any time of day? I would rather not have my son woken in the middle of the night when its quite difficult to get him in bed at a reasonable hour in the first place.

Is your son also the son of your bf?



Not to be snarky but there is a good reason we ask questions. Selectively answering what we ask won't help you much.

 

[quincy]

He is on felony probation for a drug charge. Hes been on probation for 3 years now with 1 year to go. He is drug tested often and has never had a dirty test in 3 years. He has a great job and works 60-80 hours a week. Im aware that almost anything goes in terms of searches and we have nothing to hide so its fine but want to also know if they can come at any time of day? I would rather not have my son woken in the middle of the night when its quite difficult to get him in bed at a reasonable hour in the first place.

It does not sound like there would be any reason for a middle-of-the-night search. If one hasn’t happened yet, I don’t know what would spur one now.

I suggest you accept that the possibility exists for a random search but try not to let the idea of a random search consume your thoughts. There is little you can do to prevent it anyway, unless you and your son stop living with your boyfriend.

 

[NeilTheCop]

As he's been on probation without a problem for 3 years, and so far has passed all his drug tests, why are you now worried about a knock on the door from his PO?

 

[CdwJava]

What is the name of your state? CA

Mh live-in boufriend is pn probation and is subject to being searched because of that which i understand includes his place of residence. My questions are: is law enforcement allowed to search my purse, my 7 year old son's room, my drawers in the bedroom i share with my boyfriend, my vehicle, or me physically because he is on probation? Also, for normal routine probation searches are there specific time guidelines that they can come? If my boyfriend is at work do i have to let them in to search?

Anything and any place the probationer has access to is, arguably, subject to search. If you do not like the conditions, youI can ask him to leave or put him up in a separate room and make sure he has no access to yours and to any of your personal property items. Since you share a room, everyplace in that room, common areas, and anyplace he has access to can be subject to search. This is the life you have chosen for yourself and your child’s. And, yes, a search can be conducted whether he is present or not.

If you have a complaint about the areas searched and think you can successfully argue that your BF does not have access to them, you can complain to the agencies involved.

 

[CdwJava]

He is on felony probation for a drug charge. Hes been on probation for 3 years now with 1 year to go. He is drug tested often and has never had a dirty test in 3 years. He has a great job and works 60-80 hours a week. Im aware that almost anything goes in terms of searches and we have nothing to hide so its fine but want to also know if they can come at any time of day? I would rather not have my son woken in the middle of the night when its quite difficult to get him in bed at a reasonable hour in the first place.

Unless the police or Probation have been knocking on his door at oh-dark-thirty already, there is no reason to believe that they will suddenly start doing so. Generally, unless there is some reason to believe there is a problem they’re not going to suddenly start playing hard-ass.