Expert: Robin Sexton - 5/4/2008

Question
My boyfriend is on felony probation, I understand that he can be searched at anytime. what I want to know is if he is visiting me at my house can they enter it at anytime and do they have a right to search my house? Same thing if he is riding in my car, can they search my car?

Answer
Robin,

Nice name.   No,  just because your boyfriend lost some of his rights due to his conviction does not mean that you gave up any of yours.  With the following exception.  If he is residing at your residence and your address is what he gave as his address.  The probation dept has the right to search his residence.  They also have the right to violate him if he is not living where he says he is.  Normally if a probationer lives at someone else's residence the probation officer meets with that person and explains the rule and will get a waiver.  If there is no waiver the probation dept can prevent him from living there. See the catch ? Your car, unless you give permission or they develop a reason to search other then the fact that he is on probation can not be searched.  He however is subject to search. Also just so it can be more confusing.  The argument exists that your boyfriend could withdraw his permission for this search at anytime.  Exactly how that would be responded to would be an interesting argument that i think would ultimately end up with the Supreme Court.  Now with all that being said there could be court decision in the next week of two or one peculiar to your state that can change that.  Unfortunately the ultimate expert in this type of situation would be the court once a situation like you describes  occurs.  The above are just general guidelines and laws regarding search and seizure are very very complicated and fluid.

Let me know if I explained it OK

Good Luck

Robin