• 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.

Can my parole officer demand a key to my house?

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



quincy

Senior Member
In minnesota can a parole officer demand a key to your home and do you have to give them one?
In Minnesota and elsewhere, a parole officer can demand a key to your home. Whether you would need to provide the key depends on the conditions of your release. The conditions of release are set by the parole board in most states and by the commissioner of corrections in Minnesota.

A standard condition of release for both probationers and parolees is home visits to the probationer/parolee. Probation and parole officers do not need to announce visits and do not need consent or a warrant to enter the residence of the probationer or parolee. That said, an officer cannot enter a closed area of the residence without consent and cannot seize any items that are not in plain view. Giving a key to the officer which would allow the officer the ability to come and go as he pleases would be an unusual condition of parole.

Here is a link to the US Courts with information on probation officer visits - their purpose and the statutory authority that grants these officers warrantless rights (conditions of probation are the same or similar to conditions of parole): http://www.uscourts.gov/services-forms/visits-probation-officer-probation-supervised-release-conditions

I would speak to your attorney about it, if your parole officer has in fact demanded a key to your place of residence.
 
Last edited:

CdwJava

Senior Member
Quincy, that link involves federal probation and not for Minnesota parole. While it may be good general infom, those rules do not always apply to the state - for instance, these rules do not apply to CA Probation and Parole searches which are far more intrusive.

While I do not know the extent to which parole agents in MN can demand and conduct a search, if their rules are anything like they can be out here, providing a key to the parole officer can be preferable to their forcing entry. Whether they can make that DEMAND (and legally back it up) in MN, I cannot say. But, if the alternative is fixing doors or windows if they force entry, maybe a key would be a good idea.

The OP may want to run this by an attorney, or speak to the supervising agent at the parole office.
 

quincy

Senior Member
Quincy, that link involves federal probation and not for Minnesota parole. While it may be good general infom, those rules do not always apply to the state - for instance, these rules do not apply to CA Probation and Parole searches which are far more intrusive.

While I do not know the extent to which parole agents in MN can demand and conduct a search, if their rules are anything like they can be out here, providing a key to the parole officer can be preferable to their forcing entry. Whether they can make that DEMAND (and legally back it up) in MN, I cannot say. But, if the alternative is fixing doors or windows if they force entry, maybe a key would be a good idea.

The OP may want to run this by an attorney, or speak to the supervising agent at the parole office.
I will try to look for a better, state-specific link.

I am thinking that it would be the odd state that would allow an officer to enter at will a probationer/parolee's home, though, especially if the one supervised is living with others.

As a note: I meant by my first statement that anyone can demand whatever they want to demand. Whether one must comply with the demand is the question. And in this case, I don't know.

Here is a link to the appropriate Minnesota chapter, if someone wants to explore it: https://www.revisor.mn.gov/statutes/?id=244
 
Last edited:

CdwJava

Senior Member
Thanks for that clarification.

Though, in CA probation and parole can often enter a home without said permission or presence - even the police can, while conducting a parole or probation search. But, even the appellate courts have stated that CA has the toughest conditional release system in the country. Many other states, however, are less severe on their search conditions, so MN may not permit such visits. My point was simply that the states can, and often do, have more or less severe restrictions than the feds.
 

quincy

Senior Member
Thanks for that clarification.

Though, in CA probation and parole can often enter a home without said permission or presence - even the police can, while conducting a parole or probation search. But, even the appellate courts have stated that CA has the toughest conditional release system in the country. Many other states, however, are less severe on their search conditions, so MN may not permit such visits. My point was simply that the states can, and often do, have more or less severe restrictions than the feds.
I appreciate the information.

What conditions reasonably can be imposed will depend on the original offense, I suppose.

I noticed on quick glance that Minnesota has an "intensive supervised release" with stricter conditions. Unfortunately, in the examples given of the types of conditions that can be imposed under this intensive supervised release, "turning over the keys of your home to your parole officer" was not conveniently listed. :) It would have to be covered by the "including but not limited to" part.

Zeusgunner will want to speak to his attorney to see if the demand for keys pushes the limits of what conditions can be legally imposed by the Parole Commissioner. I would like to think it does but can also see why it might not.
 
Last edited:

LdiJ

Senior Member
I appreciate the information.

What conditions reasonably can be imposed will depend on the original offense, I suppose.

I noticed on quick glance that Minnesota has an "intensive supervised release" with stricter conditions. Unfortunately, in the examples given of the types of conditions that can be imposed under this intensive supervised release, "turning over the keys of your home to your parole officer" was not conveniently listed. :) It would have to be covered by the "including but not limited to" part.

Zeusgunner will want to speak to his attorney to see if the demand for keys pushes the limits of what conditions can be legally imposed by the Parole Board. I would like to think it does but can also see why it might not.
I definitely agree that the OP should consult his attorney or an attorney if he does not have one. A parole officer having a set of keys to the residence of a parolee seems just a bit off to me. I understand that a parolee does not have much expectation of privacy but they do have the right to secure their residence when they are not home.
 

quincy

Senior Member
I definitely agree that the OP should consult his attorney or an attorney if he does not have one. A parole officer having a set of keys to the residence of a parolee seems just a bit off to me. I understand that a parolee does not have much expectation of privacy but they do have the right to secure their residence when they are not home.
That is my gut feeling, as well.

I am curious what Zeusgunner's crime was and if, in fact, handing over a key was a condition of parole.
 

CdwJava

Senior Member
I have personally never heard of that as a requirement. But, I can see where it might be considered reasonable ... even if a bit peculiar. But, different states might have different practices and policies that seem peculiar to me. :)
 

quincy

Senior Member
I have personally never heard of that as a requirement. But, I can see where it might be considered reasonable ... even if a bit peculiar. But, different states might have different practices and policies that seem peculiar to me. :)
MOST states operate differently from California. :)
 

not2cleverRed

Obvious Observer
I definitely agree that the OP should consult his attorney or an attorney if he does not have one. A parole officer having a set of keys to the residence of a parolee seems just a bit off to me. I understand that a parolee does not have much expectation of privacy but they do have the right to secure their residence when they are not home.
Do you really think the parole officer is going to rob a parole?

Or make copies of the key(s) and hand them out to others?

I'm pretty sure that there are some ethics requirements for the job.
 

quincy

Senior Member
Do you really think the parole officer is going to rob a parole?

Or make copies of the key(s) and hand them out to others?

I'm pretty sure that there are some ethics requirements for the job.
I am uncomfortable with a parole officer having a set of keys to the parolee's house. I find that to be an unreasonable intrusion and cannot see much that would justify such a demand.
 

LdiJ

Senior Member
Do you really think the parole officer is going to rob a parole?

Or make copies of the key(s) and hand them out to others?

I'm pretty sure that there are some ethics requirements for the job.
There are ethics requirements for pretty much every job. That doesn't mean that no one will ever violate them. Or no one with access to the parole officer's office won't decide to play games, or any number of potential scenarios.
 

quincy

Senior Member
Theft by the parole officer of the parolee's belongings was not even a considered concern for me. The parole officer walking in on a parolee's private intimate moments WAS a considered concern.
 

LdiJ

Senior Member
Theft by the parole officer of the parolee's belongings was not even a considered concern for me. The parole officer walking in on a parolee's private intimate moments WAS a considered concern.
Yes, that too.
 

Find the Right Lawyer for Your Legal Issue!

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