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Criminal Law/Probation officers in my home

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Expert: - 5/9/2008


Question
QUESTION: My fiance is currently on probation in Niagra County in New York State and every so often his probation officer will make suprise home visits, which is fine w/me, but my problem is one of the female probation officers that shows up w/his probation officer for every visit.  She has twice now told people that are in my home to either put out their cigarettes or to not even think about lighting up a cigarette, everyone by the way is over the legal age by law to be smoking.  So my question is...is there some law that gives her the right to tell people they can not smoke in their own home while a probation officers is present and if not, can I tell her the next time she comes that she doesn't have the right to tell anyone in my home to put out their cigarettes.  I do understand that cigarette smoking offends some people, but I feel she is using her position as a PO to push people around.  Thanks for any help you could give me on the subject.
Denise

ANSWER: Denise,

No, she has no right to tell you to extinguish your cigarette in your own house.  You could take two courses of action here.  You could tell her that "this is a smoking house" and that she can talk in another room or area that is "smoke free," or you can respect her request and be a good host.  Either way you make the call.  It sounds like she is just doing her job even if she is a little pushy.  Perhaps you can tell her "look we will respect your request while you are here..." and show her that you are respectful and more civilized than maybe what she gives you credit for.

Best of luck.

JP

---------- FOLLOW-UP ----------

QUESTION: What I didn't think to ask in my first question was my company wanting to know if they were subject to a personal search..purses or themselves, by the probation officers while they are visiting my home? Also is my purse or myself subject to the search of the home even though I am not on probation?  I do not have any objections to myself, my home or my belongings being searched, but my company would most definitely have an issue w/it. I have one other issue I am concerned with, the probation officer seems intent on believing my fiance to always be lying to her, she makes comments to him about all sorts of things that I find inappropriate.  Is there a way he can ask her to stop w/out putting himself on her bad side?? Or does he just have to deal w/it because he was lucky enough to get probation and not jail??



Thanks again,
Denise

Answer
Denise,

Your house is subject to search to a limited degree because of your fiancee living there.  He signed an agreement allowing inspection and limited search.  It is all part of the parole/probation agreement. To a degree he is lucky to be on it.  I would not tempt fate and have items in the open that could present a problem and greater search (such as 420 in the ashtray or something like that).  My suggestion is to have your fiancee ask her on his own behalf to stop belittling him while she is questioning him.  At the very least he can mention it to her that he is uncomfortable with the way she speaks to him and that he wishes she could be "nicer" or words to that effect.  You should probably not try to advocate for him in her presence.  It will probably piss her off and take it out on your fiancee.  Sometimes the prey has to be a little smarter than the hunter.

Best of luck.

JP

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Licensed Private Detective with expansive clientele base encompassing hundreds of cases. Donates resources and time to the Children's Rescue Network in Orlando, FL. Adjunct professor of Criminal Justice, Political Science, & Paralegal Studies teaching on the courses of: "Criminal Law;" "Constitutional Law;" "Bankruptcy Law for Paralegals;" "Real Estate Law for Paralegals;" "Psychological Profiling;" "Introduction to the Criminal Justice System," White Collar Crime;" "Crime Prevention;" "Risk Management;" "International Policing;" "Eight Skills of the Effective Criminal Justice Student;" "Deviance and Violence;" Criminal Justice Bachelor's Degree Capstone;" among others. Decorated retired 15 year veteran police sergeant, twice promoted through the civil service commission. Served in the capacities of patrol officer, training officer, SWAT officer, first line patrol supervisor and administrative supervisor. Graduate of several criminal investigation schools and currently a licensed private detective. Holding over 50 certifications related to police training and instructing in disciplines such as "defensive tactics," "firearms," and "professional development." 12 year veteran of the United States Army. Rank of Staff-Sergeant (E-6). Held positions of Platoon Sergeant, Asst. Platoon Sergeant, Squad Leader, Fire Team Leader, Supply Sergeant, and Liaison NCO at staff officer level. Military Occupational Specialty (MOS) 11BPF7, Airborne Infantry NCO Soldier & Pathfinder. Cross trained into the field of supply (76Y) and administration (71L). Completed PLDC, BNCOC, ANCOC, and Chemical Branch Officer Basic leadership courses. Current subject matter expert and CBRN (Chemical, Biological, Radiological, & Nuclear) Commissioned Chemical Branch Officer serving in the U.S. Army.

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