what happens to your rights on probation?

[FlyinHawaiian]

Im on 5yrs probation which allows my P.O. to search my home,vehical whenever he wants, that I know, but if a cop comes to my door can I refuse a search? or if I get pulled over? he'll run my name and find out im on probation, can he legally search me/my car without consent?

 

[JJScorpio]

In most states when you agree to probation, you will be asked to sign a paper that has listed stipulations. It will also state that while on probation your PO or Leo can check your person , possessions and residence at anytime, day or night.

You can refuse the search, but then you'll be taken back before the Judge at which time he will re-sentence you......

 

[JoJoDancer]

This conversation came from a guy who's on 5 yrs probation for child support. Owes almost 30K. He had a warrant at the time. I heard it all because I drove him. Listen closely this comes from a paid lawyer.{Lawyer- "They catch you in traffic call me. "If I were you I'd never ride with anyone who wasn't clean totally."} {My friend-"If your on probation and the house you live in is not in your name they can they execute a search warrant just on the probation violation."} {Lawyer- "No. They can execute a criminal search warrant but your not a criminal at this point you've just obscounderd supervison."} {Lawyer-"Even if the place was in your name they wouldn't kick in." "That's just for drug houses, They don't have the man power to go around with a task forces to catch every guy with a warrant." "It would be more like one guy parked up the street watchng your house for a few hours to see what time you come home." Then they would pull you over about 2 blocks from your house and there you go." What they will do also is come by and knock every now and then to scare the shit out you."

In the end my buddy has a warrant right now, owes 30k, and lives where they know he lives. All the while growing -IN THIS SAME HOUSE!!! I don't know if it's balls or stupidity.
Said he's become invisible. Keeps singing "You keep on knocking but you can't come in."

 

[dontstepongrass]

that sounds retarded or you must really like jail food...

 

[whodi]

gotta do what you gotta do

 

[ourcee]

if you have waived your 4th amendment right. as most probationers MUST do and sounds like you already have... Then wherever you are, can be searched, whatever you have access to, can be searched.

if youre at your buddies places hittin the bong and the cops come a knockin and find out your real name/4th waiver status, they can come right on in. They might not be able to LEGALLY search every room in the house, but they sure as hell can search the general vicinity of where you were.

You can also bet that say they see the bong on the table right there infront of the TV and no valid MMJ rec's... they just got probable cause to search the whole house.

I am 100% positive that if you are a 4th waiver they can come knock on your door at 4 am and search your whole pad, all without needing a reason, they can do it "just because". Same goes for if they pull you over for rolling through a stop sign, even if that is the ONLY thing wrong, the car doesnt smell, you dont look high, whatever the case may be, if you have a 4th waiver, they can tear your car apart just for shits and giggles. Believe me, had that one done before.

 

[drow]

This conversation came from a guy who's on 5 yrs probation for child support. Owes almost 30K. He had a warrant at the time. I heard it all because I drove him. Listen closely this comes from a paid lawyer.{Lawyer- "They catch you in traffic call me. "If I were you I'd never ride with anyone who wasn't clean totally."} {My friend-"If your on probation and the house you live in is not in your name they can they execute a search warrant just on the probation violation."} {Lawyer- "No. They can execute a criminal search warrant but your not a criminal at this point you've just obscounderd supervison."} {Lawyer-"Even if the place was in your name they wouldn't kick in." "That's just for drug houses, They don't have the man power to go around with a task forces to catch every guy with a warrant." "It would be more like one guy parked up the street watchng your house for a few hours to see what time you come home." Then they would pull you over about 2 blocks from your house and there you go." What they will do also is come by and knock every now and then to scare the shit out you."

In the end my buddy has a warrant right now, owes 30k, and lives where they know he lives. All the while growing -IN THIS SAME HOUSE!!! I don't know if it's balls or stupidity.
Said he's become invisible. Keeps singing "You keep on knocking but you can't come in."

Yes they can search anyone and all areas the "4th waiver probationer" has access to or was at. So if you are in your own house and a "wanted" person sleeps there, etc... They can get a warrant to search "his living space". Which usually means all areas he has access to. Make sure you lock your doors, so if they come and they find anything in a locked room you can get the evidence suppressed because you are still protected from the 4th amendment, just not the wanted guy.

To the OP, when you get on probation/parole, before they sentence you, you HAVE to sign a 4th waiver. Which in laymans terms; giving up your 4th amendment right. Any officer can search you, your property, etc... for ANY cause, probable cause, reasonable suspicion or anything the lawman feels like doing, because you have no rights. And any evidence they get CANNOT be suppressed. If they pull you over, officers are allowed to search the vehicle even if the owner of the car isnt on probation. They are allowed to search where he was sitting and places he has access to.

If the probationer/wanted person was at your residence (he doesnt live there, no speculation probationer lives there), then the judge will most likely not sign a warrant to search your house unless they suspect you had anything to do with any crime.
The officers however will ASK you for them to search the house. They will make you sign a paper signing you consented to a search of your house.

 

[FlyinHawaiian]

thanks, I dont remeber signing that paper unless it was the paper I signed infront of the judge while I was being sentenced, lawyer told me to sign it so I did, I was way to nervous to read it while everyone in the courtroom was waiting for me. It was somthing I had to sign as part of the plea agreement so yea.

 

[drow]

Yep thats the paper. The judge should have read all the terms, and asked you if you understood and agreed to the terms.

 

[thekingofNY]

This 4th "waiver" thing must only exist in some states, cause the 2 ive lived in do not have it, i know from personal experience. Cop tries to search you always refuse, even if your on probation. Actually it sounds like hearsay 200%.... anyone got a link to a real law site that references this?

edit: actually the more i think about it, the more this wouldnt be legal.... sure the probation officer can search u in the probation office, they also state they might come by your house to check on you....but they cant make u sign a contract that takes away rights.... thats an illegal contract.

 

[Weedman Herb]

Always READ FULLY every document you put your signature on ...

 

[JJScorpio]

thanks, I dont remeber signing that paper unless it was the paper I signed infront of the judge while I was being sentenced, lawyer told me to sign it so I did, I was way to nervous to read it while everyone in the courtroom was waiting for me. It was somthing I had to sign as part of the plea agreement so yea.

That would have been the paper with the stipulations and what you agree to. You should also have been given a copy of this paper....

This 4th "waiver" thing must only exist in some states, cause the 2 ive lived in do not have it, i know from personal experience. Cop tries to search you always refuse, even if your on probation. Actually it sounds like hearsay 200%.... anyone got a link to a real law site that references this?

edit: actually the more i think about it, the more this wouldnt be legal.... sure the probation officer can search u in the probation office, they also state they might come by your house to check on you....but they cant make u sign a contract that takes away rights.... thats an illegal contract.

You're right. The PO can't make you sign anything. But if you don't want to abide by the rules then you're going to get jail instead of probation.

They look at it as they're doing you a favor by not putting you in jail. But they'll be more than happy to give you jail instead if you want to argue what you will or won't agree to....

 

[ourcee]

but they cant make u sign a contract that takes away rights.... thats an illegal contract.

welcome to the American judicial system!

 

[79towncar]

Yea you give up all your rights once on probation. Also if they have an "open ongoing investigation" and your subject to it...they can and will stop and mess with you any chance they can get. That you can be sure of. Alot of gang members know this 1st hand. Police can get a way with stopping and searching almost and person they feel is involved with a gang or crimminal organization. And don't even get me started with feds.... They basically operate with full immunity getting title 3 wire taps and survaliance basically without even proving full probable cause.. All they need is one informate to say "Joe Blow holds meeting in his fathers bar upstair" and then bam they got a wire. But if your on probation, stay clean, stay workin, and no new charges! goodluck

 

[Babbabud]

In California if you are a med user you can grow and smoke pot while on probation.

 

[79towncar]

Bubba is that true?? Thats awesome, i can't believe they allow that. Also what about parole? And federal charges?

 

[ourcee]

In California if you are a med user you can grow and smoke pot while on probation.

yea you can.

same for probation and parole. you just need their (the PO's) written "okay" to be legit with all of it.

don't think they can't harass you though. I was on probation in full compliance with 215 and I got nicked for a week in county, no charges were filed though, not like I lost my job and a few grand to bullshit fees or anything.

 

[Lord Doobie]

what's hard to believe?
they can't stop your medicine...

 

[79towncar]

Personally when people say "medicine" like that i just laugh. I dont think weed is medicine. Yea it helps some people sleep, eat, and with pain but come on... Medicine? Yea right. Amoxicillian is medicine, Insulin is medicine. But weed? haha I just don't see it thats why I asked. I don't consider Oxycontin, Xanax, or Valium medicine either. I understand why people use marijuana for treatment for symptoms of some ailments but in my opinion theres no way weed is medicine. If anything maby, and i say maby pur thc pills measured in accurate doses is a medicine. But even that is a stretch to me. Theres no other "medicine" that a doctor prescribes without giving an accurate dose. But here we go I'm gonna have 500 people comming at me on this one.

 

[oohcow]

so medicine to you is something that you can't have fun with basically?

I love oxy, xannies, valium, and weed and consider them all medication . but that's just me i love them all.