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Criminal Law/Non Probabtion person living with brother on probabtion


So my brothers been in and out of jail for 15+ years and he lives with my family right now and I'm not on probation or anyone else here. Usually his po comes here and just check up on my brother and look in his areas that he has his stuff. Recently his po has been coming with uniform cops and they've been harassing us. Last time my brother was caught hiding his pipe somewhere and the cop tried to trick my brother in saying it was ours so they can mess with us. This time my brother got out again and the po came once again with uniform. This time my brother was not home and they came in to search his area once again. Now the uniform is harassing my brother that's not on probabtion and I. He tried to question us and asked us all these questions. He questioned our names birthday and asked about our tattoos and such. My question is, if we're not on probabtion are they allowed to interigate us for our names and such? Thanks in advance.


In short the answer is yes.  Your brother entered into what is essentially a contract with the County and/or State through the PO.  In that contract the residence and people that are sponsoring the probationer/parolee (your family) are part of the contract.  That contract stipulates that the entire area that your brother has access to can be lawfully searched.  It can't be any other way.  How easy would it be for a probationer/parolee to hide guns and drugs in a family member's room because he or she has immunity from search?  It would make no sense.  Unfortunately you and your family are subject to lawful search until your brother completes his community corrections program, is sent back to prison, or petitions the Court to move to a new residence.  


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Jeffrey Hauck


I would welcome the opportunity to answer questions relating to or related to the field of criminal law.


Criminologist. Professor of Criminal Justice. Licensed Private Detective with expansive clientele base encompassing hundreds of cases. Donates resources and time to the Children's Rescue Network in Orlando, FL.

Associate of Science; Bachelor of Arts; Master of Science, Doctor of Jurisprudence Degree.

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