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Ray
Ray, Lawyer
Category: Legal
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Experience:  29 years in civil, probate, real estate, elder law
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In Idaho, my neice just moved in with me from New Mexico and

Customer Question

In Idaho, my neice just moved in with me from New Mexico and she is on parole. I own my house and have not signed anything or have not been notified in any way that I have given up any of my rights be allowing her to live with me. Can a Parole officer come through an unlocked door without permission and search the home? What if she is not home, do I even have to answer the door? If she is not home do I have to allow him in to check my house? I understand she can be searched at anytime and her residence, but its actually my residence and I've not given permission to have PO's walking into my home at will. Not much clarity, I would like to see something in writting. I've seen her parole order but that is about her not me.
Submitted: 4 years ago.
Category: Legal
Expert:  Ray replied 4 years ago.
Thanks for your question.If you don't allow access here they will disallow her living there.You do give up rights here when you allowed her to live with you.They will show up unannounced here periodically looking for violations.They have right to search home or at least her living quarters.You better be real straight here--no drugs or weapons, etc.They will be looking for something like this and you could get busted just as well even if your niece brings it in.
Customer: replied 4 years ago.

Yeah no fear of violations.

 

But can they legally open the door on their own and come on in univited?

I might be home by myself. If I came out the my room and discovered them there unannoucned and going thru my house, seems like I could just tackle them if I don't kow who it is. Its my house and I haven't signed anything away. It seems like they would at the very least the probation office would have to inform me of this condition and have some type of acceptance.

 

If she is not home do I have to let them in to search? Or even answer the door?

I know they won't break it down if I don't answer. If I'm there by myself and its my house it seems like all bets would be off and they would have to come back when she is there.

Expert:  Ray replied 4 years ago.
Please don't hate me for the answer.Yes they do since you agreed to let here live there.You can say no here and thy make here relocate.When you accepted her here they have right to enter or they will revoke here.They are trying to check for contraband and any illegal activity.Get used to it or ask her to leave.They would do this to anyone on probation here.I hear you but you have to understand this is standard procedure.If you on't answer door they will keep coming back.This will slow down over time..

Edited by RayAnswers on 4/1/2010 at 1:24 AM EST
Customer: replied 4 years ago.

Can you direct me to a site or place to see this in writting? I've viewed her probation order but nothing in there applies to me.

 

I get that if I don't agree (verbally or in writting) she'd have to move. It's just like this conditon is supposed to be accepted without any proper documentation to the actual property owner/individual nor is there any fair warning. Where is the good faith effort to inform indiviuals of civil rights being taken away under these circumstances? Its hard for me to believe that this is possible.

Expert:  Ray replied 4 years ago.
You would look to her terms of probation.They would set out what they can do here.In essence by agreeing to let her live there you agree to abide by her terms of probation here.

Terms in NewMexico.

http://corrections.state.nm.us/parole/supervision.html

Edited by RayAnswers on 4/1/2010 at 2:30 AM EST
Customer: replied 4 years ago.
I've seen her terms that apply to her in new mexico and know that transfers for her to here. I've not agreed to anything with anyone in idaho. Where is the legal documentation that takes my rights away? I've not signed anything or talked to anyone agreeing to entruy and searches of my home. If the probation office informed me that I would have to agree to this I probably would but I don't see how this is an automatic given.
Expert:  Ray replied 4 years ago.
You can dispute the matter here and you have valid grounds to do so.But they will make her move somewhere else.You have the right to disagree here--you are correct that you haven't signed anything.

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