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Can a Probation Officer do that??
Anonymous2 views2 answers
I was home with my 2 kids. They were watching T.V while I was asleep in my room. My front door was shut & locked & my kids wont answer the door by themselves. My probation officer came to do a home check but since I was asleep no one opened up. The P.O then took the liberty to go around to my back yard where my back door was shut closed but it was not locked. They ended up walking in guns drawn, without consent of any adult, walked through my laundry room, past the kitchen, into the living room startling my kids and ended up in my bedroom waking me up. Is that even legal?? Their action has made me feel extremely uneasy- I mean I thought that they need to have consent to walk in side? My kids are 9yrs, 6yrs and 4yrs old. Can they do that?
Some grants of felony probation (I am assuming this not misdemeanor informal probation) include 4th waivers, which means any law enforcement officer (including a probation officer) can search you, your vehicle, or your residence with or without probable cause... Basically, they can search you for any reason at anytime they want. Check your court paperwork and see if you waived your 4th amendment rights. Even if you do not have a 4th waiver, you may have signed paperwork with the probation department allowing them to come and do compliance checks at your residence anytime they want to.