Expert: Robin Sexton - 1/26/2010

Question
I am on felony probation.  I had my first home visit yesterday ad my PO came while I was at work.  My roommates were home though and let her in.  My question is this, what are the laws about procedure for PO to take my possessions? I just did my taxes and had 2 thousand dollars in my room.  My PO took the money and didn't tell me or my roomates. I came home from work and thought someone had robbed me! I knew no one had been there but my PO so I called and left her a message. About an hr later she called me saying she had the money and that she took it because she thought it was drug money! I was able to show her my tax papers and prove the money was mine so I got it back. Is that legal what she did? Without saying anything and just taking it? I feel like she was trying to steal from me but felt guilty after hearing me crying on the message.  Any advice would be great! THANKS

Answer
Sarah,

Glad you got the money back.  This is not an easy situation obviously.  First quesiton to you would be are you on probation for a drug related offense?  if so then i could maybe rationalize her taking the money.  Possession of it is obviously a violation of law such as drugs or a weapon so i think even with drug offense on your record she was reaching.  Here is what i would do.  I would make an appointment to see her supervisor and report what happened.  you are not making a complaint, you are just not sure about what happen.  Here is the problem that "may" develop.  Your probation may and probably will take offense to you contacting the supervisor.  Which means there may be some retaliation from her and being one of her probationers you will be in a difficult situation.  You could ask the supervisor to move you to a different probation officer but no garuntee that will happen.  I am suspect as to the propriety of her taking your money with out witness's or leaving a receipt etc.  Normally probation officer are not in the buisness of collecting evidence as they have no way of controlling in.  Me, i would report it and take my chances.  You, need to consider your entire situation.

Hope this helps


robin