Criminal Law/what are my rights when it comes to probation?
can an officer enter my home on a probation search with out a probation officer present? two people who live here are on probation, but my son and myself are not. they informed me that the neighbors made complaints about "tweekers" coming and going from our home. the officers also said that they were going to send code enforcement to comb over our house with a fined tooth comb. They also stated they are going to see to it that they will take our home from us.Can they legally do that. When no one has been arrested on our property. For drug use. We recently inherited the house when our father passed away in March. Is this harassment?
Yes, it can be done, and no. It is not harassment. Unfortunately this area of the law has been well established. Any residence that probationers/parolees have been approved to live in by their respective Officers, the entire residence is subject to search and if applicable, seizure of any contraband or illegal items, etc. This includes the rooms of room-mates, family members, etc. The only way that an area would be off-limits to search would be if it could be proven that the probationer/parolee absolutely had no common access to it. For example, a room that has two or more padlocks on it that can reasonably be shown to have restricted access to it. Again, it must be shown that the probationer/parolee has no access to the room at all. Even then the room being "off limits" to search is questionable. In short, the entire house can be legally searched. The only problem I see is that ordinary police officers usually do have the authority to search the residence of probationers/parolees without a probation/parole officer being present as the authority is through them, not municipal police. When in doubt I would check with a local criminal defense attorney in your area.