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Offlineashesofman
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DELETED
    #10129016 - 04/08/09 10:08 AM (15 years, 1 month ago)

DELETED

Edited by ashesofman (04/12/09 05:14 PM)

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OfflineCubie
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Re: Can probation officers search a persons home? [Re: ashesofman]
    #10129033 - 04/08/09 10:12 AM (15 years, 1 month ago)

im guessing when you signed your probation papers it was  in there that they can.
normally no they cant but when you sign those papers you sign pretty much all of your rights away

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Invisiblejohnm214
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Re: Can probation officers search a persons home? [Re: Cubie]
    #10129148 - 04/08/09 10:37 AM (15 years, 1 month ago)

Based only on what you'v stated, no, they cannot search your home.  However, if the judge authorizes it as a condition of probation, even orders it right before they come to your house, they can search it.




You need to check all the orders the judge entered, including any stupid standing orders governing the probation epartment, as well as any papers you agreed to.






But here's the bigger, question, who cares?


If they illegaly search your place and break all sorts of laws your probably still going to jail for the offense they put you on probation for.  So it doesn't really matter what they "can" do, they "will" do it and you can't do anything about it.

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Invisible200proofhonky
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Registered: 06/26/08
Posts: 806
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Re: Can probation officers search a persons home? [Re: johnm214]
    #10129175 - 04/08/09 10:43 AM (15 years, 1 month ago)

yes,they can....when your on probation.
they usually bring a uniformed officer with them.


--------------------
------------------------------------------------------------------------------------------------------------------------------
They try to take away everything God gave us,yet...
our money still says "In God We Trust".
------------------------------------------------------------------------------------------------------------------------------
You take a mortal man and put him in control,
Watch him become a God,watch peoples heads a'roll.
------------------------------------------------------------------------------------------------------------------------------
If you kill a man then your a murderer,kill many an your a conqueror, kill them all and your a God.

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OfflineAlan RockefellerM
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Re: Can probation officers search a persons home? [Re: 200proofhonky]
    #10129332 - 04/08/09 11:08 AM (15 years, 1 month ago)

Quote:

yes,they can....when your on probation.
they usually bring a uniformed officer with them.





Only sometimes, it depends on the terms of probation.

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Invisible200proofhonky
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Registered: 06/26/08
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Loc: Timbucktoo
Re: Can probation officers search a persons home? [Re: Alan Rockefeller]
    #10129429 - 04/08/09 11:24 AM (15 years, 1 month ago)

u could be right but everytime ive been on,even for DUI,they said they could.


--------------------
------------------------------------------------------------------------------------------------------------------------------
They try to take away everything God gave us,yet...
our money still says "In God We Trust".
------------------------------------------------------------------------------------------------------------------------------
You take a mortal man and put him in control,
Watch him become a God,watch peoples heads a'roll.
------------------------------------------------------------------------------------------------------------------------------
If you kill a man then your a murderer,kill many an your a conqueror, kill them all and your a God.

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Invisiblejohnm214
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Re: Can probation officers search a persons home? [Re: 200proofhonky]
    #10129449 - 04/08/09 11:28 AM (15 years, 1 month ago)

Alan is right.  Being on probation means the state doesn't need probable cause, but they still need a judge's order or your consent- or maybe a statute enabling it.


Basically theyneed authority,  they just don't nedd a warrant.  So if you agree to the search, the judge orders those as terms, the judge orders you to comply with probation and the probation terms include that, or whatever.


That's in theory.



Now in reality, they will do what they want and it doesn't much matter cuz you'll likely go to jail anyways.

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Invisible200proofhonky
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Re: Can probation officers search a persons home? [Re: johnm214]
    #10129458 - 04/08/09 11:31 AM (15 years, 1 month ago)

this is true....sad but true.


--------------------
------------------------------------------------------------------------------------------------------------------------------
They try to take away everything God gave us,yet...
our money still says "In God We Trust".
------------------------------------------------------------------------------------------------------------------------------
You take a mortal man and put him in control,
Watch him become a God,watch peoples heads a'roll.
------------------------------------------------------------------------------------------------------------------------------
If you kill a man then your a murderer,kill many an your a conqueror, kill them all and your a God.

Extras: Filter Print Post Top
Offlineashesofman
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Registered: 03/18/09
Posts: 142
Loc: Norway
Last seen: 11 years, 3 months
Re: Can probation officers search a persons home? *DELETED* [Re: 200proofhonky]
    #10129509 - 04/08/09 11:42 AM (15 years, 1 month ago)

Post deleted by ashesofman

Reason for deletion: DELETED


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Invisible200proofhonky
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Re: Can probation officers search a persons home? [Re: ashesofman]
    #10129553 - 04/08/09 11:50 AM (15 years, 1 month ago)

ive been on misdemeanor and felony probation and both times they said they could search my house....

they never even came to my house for misdemeanor but they did for felony.

i meant they would prolly bring a cop if they were going 2 search.

i wouldnt sweat it but i would stash that shit at someone elses house.

better safe than sorry!

also,my neighbor is on felony probation for growing pot and they bring an officer every time (once a month)


--------------------
------------------------------------------------------------------------------------------------------------------------------
They try to take away everything God gave us,yet...
our money still says "In God We Trust".
------------------------------------------------------------------------------------------------------------------------------
You take a mortal man and put him in control,
Watch him become a God,watch peoples heads a'roll.
------------------------------------------------------------------------------------------------------------------------------
If you kill a man then your a murderer,kill many an your a conqueror, kill them all and your a God.

Edited by 200proofhonky (04/08/09 11:51 AM)

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OfflineCubie
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Re: Can probation officers search a persons home? [Re: 200proofhonky]
    #10129596 - 04/08/09 12:00 PM (15 years, 1 month ago)

like i said earlyer it all depends on what your probation contract has in it

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Invisibleshadyy
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Registered: 09/08/08
Posts: 21,330
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Re: Can probation officers search a persons home? [Re: Cubie]
    #10129604 - 04/08/09 12:02 PM (15 years, 1 month ago)

my friends brother is on on probation and he said they just came over and looked around..

they didn't thoroughly search or anything like that
but ya never know


--------------------

ga ga ga eets eets how you gone be mad on vacation?
MONICA COULDN'T TELL TIME UNTIL SHE WAS 13

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Invisiblejohnm214
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Re: Can probation officers search a persons home? [Re: shadyy]
    #10129897 - 04/08/09 12:45 PM (15 years, 1 month ago)

Yes, you should get the illegals out of your house.


Scenario 1:  Judge authorizes search, you don't know.  You are fucked, search is legal, and they don't need probable cause, or any cause.

Scenario 2:  They break the law and search illegaly.  You are still fucked and will be likely violated and given prison for the offense that put you on probation.



Either way, its not cool.  Like I said, with probation it really doesn't matter whether they follow the law, you're going down for the offense that put you on probation.  Even if you don't get charged for anything other than the violation, its not like the judge won't consider the magnitude of the violation and sentence accordingly.  As a result, its likely irrelevant whether you get convicted of anything new- they'll fuck you enough just for the probation violation and its doubtful your state allows any challenge to the illegal search for the violation hearing.


Get it out of the house.

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InvisibleStonehenge
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Re: Can probation officers search a persons home? [Re: johnm214]
    #10130702 - 04/08/09 02:59 PM (15 years, 1 month ago)

It depends on the terms of your probation but it's standard that you must sign a form giving permission. If you don't want to sign, no problem, just stay in jail. In actual practice they seldom do it and if the PO came and wanted to do a search, you could say no and he or she could not force it but then they have the option of violating your probation. They can come in the middle of the night and if you are supposed to be home and don't answer the door, it could be a violation. Piss tests are a common term of probation, usually for drug convictions. But if the tests are not spelled out and the PO gets the bright idea to make you take one, you can refuse without consequences unless a judge signed off on it.


--------------------
“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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InvisibleJohnnyConverse
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Registered: 04/10/09
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Re: Can probation officers search a persons home? [Re: Stonehenge]
    #10147329 - 04/11/09 11:35 AM (15 years, 1 month ago)

honestly, in practical terms it doesn't matter about your probation terms because even if it says they can't, if you don't let them they'll just start bird-dogging you so bad you won't be able to fart in an elevator w/o getting violated.

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Offlinesupra
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Registered: 10/26/03
Posts: 6,446
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Re: Can probation officers search a persons home? [Re: Stonehenge]
    #10147429 - 04/11/09 11:58 AM (15 years, 1 month ago)

i remember when i was on probation it said they could search my person, property, or home at any time for no reason at all.  It also stated that I had to get rid of all guns in my home while on probation, including my dads guns.  However, he refused to comply with this, which i do not blame him for, but they said they could come in and confiscate them, though they never did.

I don't think they would search your house, they never did mine, but just don't have anything there that can get you in trouble while your on probation...did you not learn anything from getting busted in the first place?  Playing with the law is no fun..

peace

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