If someone used my address to give to probation and they really don’t live there, can the probation department come in and search my house?

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If someone used my address to give to probation and they really don’t live there, can the probation department come in and search my house?

Asked on July 8, 2013 under Criminal Law, Delaware

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

When someone signs on for a probation, some courts do impose a restriction that requires the person on probation to allow the probation officer to come to their home.  If your friend is claiming your residence is their residence, then yes, the probation officer would have the right to come and ask to inspect your home.  If you or the person refuse, then the refusal by your friend could be used to revoke his probation. There is a saying-- the truth shall set you free.  In this case, it's the literal truth.  Lying to officers of the court or a governmental agency often lead to bad results.  To avoid issues, your friend either needs to move in and actually live there... or give the probation officer his correct address.  If he refuses to give them the correct address, then you should call and tell them that he is not living with you so that there is no misunderstanding about your role in the facade.


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