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Post by GratefulHippie on Nov 25, 2009 10:34:16 GMT -5
i know the laws can vary by state(i'm in texas), and i've googled this all morning, but i can't find a definitive answer. if you are on probation/parole/house arrest, are the police required to have a search warrant to enter the home? i was under the impression that it was a stipulation of probation that they were allowed to search at any time.
That is pretty much the case, certainly your PO always can. I have a buddy on probation, and his PO will just roll by sometimes and poke around the house.
Last Edit: Nov 25, 2009 11:37:10 GMT -5 by Deleted - Back to Top
Post by GratefulHippie on Nov 25, 2009 10:57:26 GMT -5
well, i found this online:
"Before law enforcement officers may conduct a warrantless probation search, however, they must also have probable cause to believe that the probationer actually lives at the residence searched. See United States v. Howard, 447 F.3d 1257, 1262 (9th Cir. 2006); Motley v. Parks, 432 F.3d 1072, 1079-80 (9th Cir. 2005) (en banc). In Illinois v. Gates, 462 U.S. 213, 233-34, 243-46, 103 S. Ct. 2317, 76 L. Ed. 2d 527 (1983), the Supreme Court held that probable cause may be established based on a tip from an anonymous informant if there are sufficient indicia of reliability. Such indicia include the informant's history of providing accurate information on previous occasions, a detailed description of the alleged wrongdoing that the informant witnessed first-hand, the provision of details not easily obtained or predicted, or the police's ability to corroborate the information. Id."
to me that says that as long as they know you live there, someone can rat you out and they don't need a warrant if you're on probation.
Wolfman jess is right, if you are under house arrest, probation or parole you can be searched for any reason.
When you're on any of the above they are used as either an extension of or alternative to incarceration. They may search the place of residence, person and may request random samples. Failure to comply can lead to revocation of the options and incarceration.
What stands out to me in the statute posted is that the police can search ANY residence as long as they have "probable cause" that the probationer lives there and the list of acceptable "causes" is easy to meet (using an easily obtained "anonymous informant".)
