Can I object to a search by my probation officer?
Can I object to a search while I am on probation? The answer is yes and no. sure you can object to the search. Let’s say a probation officer comes over for an unannounced visit and they're not suspicious if anything. The problem is that you happen to have a large amount of drugs lying around the house. You don't want the probation officer to come in. you could object to that search. You can demand a search warrant and object to the search without a warrant. The probation officer could push their way in if they wish. The vast majority of probation officers, that I know, will not you know risk their own life and limb trying to push their way into your home. They’re going to violate your probation. They’re probably going to go get an officer with them and they're going to find a way to come into the house. With or without a search warrant. With or without a search warrant you have already consented to a search. Could you later file some sort of suppression motion to suppress that search? Sure. You can try anything. The chances are very good that the DA will argue that they had your consent to search. The DA will show the judge the probation rules where you allowed the search as a condition of probation. In an attempt to keep out illegal evidence talk to your counsel. You can object to any eventual items that may have been found during the search that, you argue, was illegal. The problem is that if a probation officer asked to search you have, in rule six, given your permission to search. You have said that you will not object. You have given your consent to search with or without a warrant. So could you argue that you had to have a warrant? Sure, you could make that argument. The chances are that you will be waiting in jail, waiting for a probation violation hearing, before your case before a judge.
I am Jef Goldtrap. I want you to survive and thrive on probation. I know you can.