Is it legal for police to conduct a probation search of a probationer’s residence when they are not present?
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Is it legal for police to conduct a probation search of a probationer’s residence when they are not present?
Asked on January 2, 2015 under Criminal Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If the police had a search warrant, then they could do this, since the presence of the homeowner or renter is irrelevant to the use of a warrant. Or they could also do it if a condition of your probation was specifically that they could conduct searches: if so, then by accepting probation, you agreed to allow the searches. They could also conduct the search without your presence if another adult resident (E.g. a significant other) allowed them in.
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