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Question
Can a prob officer enter your residence when you are not there or can they get security to open your residence (if living in an apt)to search?
Desiree,
I have never seen any court ruling that states the probationer has to be present when a Probation officer searches their home. The probation officer through the probation agreement has wide latitude. The only restrictions that I am aware of and of course this will be on a State by State basis would be imposed by the supervising judge and the Probation officers agency or department. If the probation officer caused damage while conducting the search I would suspect they would be liable. Most probation officers wouldn't conduct such a search with out law enforcement officers being present. Use of the landlord or the security to gain access is reasonable and prudent. Beats kicking in the door.
Hope this answers your question.
Robin
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Questioner's Rating
| Rating(1-10) | Knowledgeability = 10 | Clarity of Response = 10 | Politeness = 10 |
| Comment | Thank you. That was very informative and exactly what I was wanting to know. I tried for a long time to look that specific thing up on the Internet via state laws, etc., and could not find ANYTHING that applied to this question or any guidelines that POs follow. So, much obliged. Desiree | ||
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Answers by Expert:
Robin Sexton
Expertise
Questions dealing with Police and investigative procedures, criminal investigation for all classifications of crimes, Interview and interrogation techniques, crime scene procedure. Police techniques and procedures. Can not answer specific questions about specific cases.
Experience
Member of the Michigan State Police for over 30 years. Over 20 years as a Detective. Conducted numerous investigations from Homicide to dog bite. Internal investigations. Investigations in prison enviorment. Majority of career has been spent in rural areas of Michigan
Education/Credentials
Bachelor of Science degree. Long list of professional training
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