Can a probation officer enter your home when you are not there?

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Can a probation officer enter your home when you are not there?

My husband’s probation officer went into our house when we were not home earlier this week. He then and placed my husband under arrest for violating his probation from evidence he says he found in the house.

Asked on March 2, 2012 under Criminal Law, California

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

To answer your question in detail I would have to know more information regarding the legal authoritative powers of your husband's probation officer and more facts regarding this situation. A probation officer is typically considered an "officer of the court", but not an officer of the law where they have search and seizures powers and even arrest powers. While a probation officer may be able to perform a house visit, they are generally not allowed to enter the home without consent unless they are with a police officer who has a warrant to search the home based upon perceived criminal activity. Again, I would need to know more of the facts involved (i.e. was the probation officer alone or with a police officer, did someone at the home other than you or your husband let them in, once inside the home did they call the police, etc?) to answer you question directly. You may want to consider contacting a criminal defense attorney in your area if your husband has been violated on his probation as he could be looking at jail time.


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