All probation officers have extreme power over their probationers. This includes the right to come into your residence at any time without a warrant. It also includes the right to order you to take a UA. The fact is that the probationer has very little right to object to a demand by a probation officer I am afraid, even though you may be afraid "he might tamper with the test." The fact is when you take the test the test sample is supposed to be sealed in your presence and as long as they comply with the testing guidelines, the test is valid. The worst thing any probationer can do is refuse any order from their probation officer, since the probationer has few rights at all and must realize that probation is in lieu of sitting in jail, so it is a privilege. If you have received a legitimate order for a UA and refused, this is grounds for the probation officer to file for a probation violation and your only defense is to prove to the court, since you are entitled to a hearing as your due process right, that the test was conducted improperly and that would be the only way now for the court to vacate any violation. You refusing the test though has given him the power you did not want him to have. Anytime you do not cooperate with a probation officer, you give them more ammunition against you. The key we tell our private office clients all of the time, you must comply with everything the probation officer asks and then if there is a problem you come to your attorney and we file a motion in court to correct any problems or stop the conduct in the future, but refusal of cooperation causes problems and is much tougher to fight a probation violation in court when the defendant refuses to cooperate.
I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
If you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”