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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 25934
Experience:  10+ years defending Misdemeanor and Felony cases.
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My 2 sons are on felony probation and live in my home. When

Customer Question

My 2 sons are on felony probation and live in my home. When the probation officers come to my home for probation search, they tell me that I "have" to step outside while they go thru my sons bedrooms. Is this legal for them to tell me that, and or do I have to step outside cause they say so?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 5 years ago.
Do they mean outside of the room or outside of the physical house?
Customer: replied 5 years ago.
Outside of the house physically
Expert:  CrimDefense replied 5 years ago.
It it likely to make sure that while they are searching the home, you or any other occupants do not have access to any weapons or contraband, which could be destroyed or hidden . If it is only 1 or 2 people who shows up, they cant watch you, your sons and search the room at the same time, so it is easier to control the environment to ask you to step outside for safety.
Customer: replied 5 years ago.
They've searched the whole house. Are they not only suppose to search the one who is on felony probation such as their bedroom since they do pay rent for that room? Not go thru my bedroom or search my living room and go thru the couch and recliners?
Expert:  CrimDefense replied 5 years ago.
They can search the whole home, since drugs or weapons could be hidden any place and they have access to them. Having someone live in your home who is on probation, subjects you to the same search as them and they can go through the bedrooms, living, etc since things could be hidden any place.
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Customer: replied 5 years ago.
Now my bedroom door has a lock on it, and in my bedroom I have a safe with a lock on it. Do I have to unlock my bedroom door to let them in my bedroom and do I have to unlock my safe that is in my bedroom for them to look in?
Customer: replied 5 years ago.
no just waiting for my last question to be answered
Expert:  CrimDefense replied 5 years ago.
Sorry for the delay. Yes, you would have to allow them entry into the bedroom and if they want to, open the safe. As I stated above, the issue is not with you. It is that your sons are on felony probation and if there were to be weapons or drugs in the home, they could hide them any place and just claim it was not theirs, to get out of the violation.