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Probation searches, In california can my probation officer…

Customer Question
Probation searches Lawyer's Assistant:...

Probation searches

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

In california can my probation officer come into a place I am staying and search if the homeowner is not on probation or parole? I don't "live" here preset but my probation officer knows where I am staying and has come by for a check.I was not home and she did not come inside. If I had been here would that have changed anything?

Submitted: 2 years ago.Category: Legal
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Customer reply replied 2 years ago
I guess I want to know, #1 Can she come in the house without knocking or notifying who she is? (There is 3 dogs here)
#2 Besides my room what is the procedure for searching "common areas" ? #3 If something is found in say the garage which is only used by the homeowner yet not "locked" will I be violated even if I have never set foot in the garage? #4 Does probation abide by any certain hours or is it a free for all where they can come anytime day or night? Thanks
Answered in 19 minutes by:
2/11/2016
Lawyer: LegalKnowledge, Attorney replied 2 years ago
LegalKnowledge
LegalKnowledge, Attorney
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Satisfied Customers: 32,841
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Good morning. I certainly understand the situation and your concern. Yes, being on probation, you are subject to random searches. However, your PO or anyone else, should at least identify themselves prior to entering and should be allowed entry. This is a condition to being on probation but you do not have to let a random stranger in, unless they identify themselves as someone with the authority to enter and search. Now, they are able to search the home. Even though you have a room, it is possible that you may be storing or hiding something that is illegal and could be a violation of your probation. If they did find something, then it would be at their discretion to violate you and if they did, you would need to fight it and likely show that this did not belong to you and was someone elses. I say this because you could have NOTHING in your room but if you wanted to, have something hidden in the garage and use it to avoid getting in trouble. They can enter at any time, since you are subject to random searched and if they told you when they were coming or within a certain time frame, you could simply remove and avoid any detection.

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Lawyer: LegalKnowledge, Attorney replied 2 years ago

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