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Can A probation Officer enter my home and search it for any…

Hello, Can A probation...

Hello, Can A probation Officer enter my home and search it for any alcohol because my son has a felony dwi or dwai not sure with out a warrent and confiscate any alcohol and anything in an alcohol bottle.thank you Bob

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

New york and he has lost his license and has attended classes so he may have a felony DWI

Lawyer's Assistant: Has anything been filed or reported?

Oh yes the case is over a year old

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thanks

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3/7/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Yes, they can, and they don't even need a warrant to do it. Probation can make random home checks to make sure a probationer is really living there and to search and remove contraband. Probationers are not allowed alcohol.

It's unfortunate, but when you open your home to someone whose civil rights were taken away because of a felony conviction and who is obligated to obey the rules and regulation of his probation officer or face jail, the rights of everyone in the household get affected. You can have alcohol, but your son can't. You can't get in trouble for having it in the home, but he can.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 4 months ago
Thank you ,I understand fully
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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