Can my PO search my phone, car and pockets?
Officers ALWAYS have to have a search warrant, right? Not necessarily. Are you on probation? If you are on probation, in Tennessee, then you signed the Rules of Probation. Rule Six of probation says that you give your consent for your probation officer to search your person, possessions, vehicle or home with or WITHOUT a search warrant. So can a probation officer search without a warrant? Yes.
Why would a probation officer ever want to search me? Suppose you have tested positive in the probation office? You could have drugs or drug paraphernalia on your person or in your purse. You could have evidence of drugs in your vehicle. In Rule Six you have give your consent for a probation officer to search and they can exercise that right.
Does the probation officer have to be alone when they search? The search is ONLY for probation officers right? No. I have known of several occasions that a probation officer was asked to conduct a home visit and home search. Why? Because the local deputy was right behind the probation officer during the search. They want to search Mr. X. They have word that Mr. X is dealing drugs or selling stolen property or doing any number of other activities. They want to search but how? If you are on probation they are half way in the home already. The probation officer has permission to enter and the deputy is right there to ensure safety. That was the easy part. What can be found in plain view? Could there be some drugs or drug paraphernalia lying about? Could there be some stolen property from a nearby burglary or car break in? Sure. While the deputy is there, with the probation officer, all of this can be fair game. You yell out, where is your warrant? Rule Six is the response.
If I have given my permission to search what will I do? How will I survive and thrive on probation? The answer is easy. Never have something on your person that you would not be proud to show your probation officer. Do not have something in your home or apartment that you could not proudly show your probation officer. If you are allowed out of jail and give the privilege of probation never get involved in new criminal activity. Do not go back to the same old ways and you may stay out of jail.
I want you to stay out of jail. I want you to survive and thrive on probation. I know you can.