A Question about Probation Officers Searching My House?
I am on supervised probation for the next five years. I was wondering about what your probation officer has the right to search when they come out to your house. My concern is whether I will get into trouble over the prescription drugs that my boyfriend and his mother, who l live with, has. My boyfriend has prescription methedone, but he only gets a takehome on Saturdays and holidays. However, his mother has a prescription of Loracets, Ambien, Cymbalta, and blood pressure medicine. They keep the medicine put away. However, if my probation officer sees their prescription medication, can I get into trouble over it since the Loracets, Methadone, and Ambien are narcotics? Or is it okay since it is prescibed to those in my household?
Well, you didn’t say what you were on probation for. I’m assuming since your question is focused on drugs, you are also on probation for drugs. Your boyfriend is a recovering addict hence the methadone. I can only assume then that you are on probation for the very same thing as your boyfriend has problems with, i.e., smack. If I am wrong, and you are on probation for, say, felony theft, then the drug condition cannot be added to your probation terms.
So yes, the terms and conditions of your probation likely prohibit you from associating with other addicts or be in a place in which you could have access to prescription drugs which can be abused. You will have to closely examine the terms of your probation, which are available as a printout from whatever date you were sentenced. You should inform your probation officer in advance, before the search, of the circumstances in which you live. Be well aware of your probation conditions before speaking with your PO.
This kind of thing happens frequently. If I have an alcohol prohibition from multiple DUIs, my wife is not allowed to have alcohol in the house. If I am on parole for a violent felony and I have a gun restriction, no weapons can be in the home I’m in. Those are typically the rules even though other persons have a legal right to possess those things.
November 1st, 2009 at 11:06 pm
good question! i think that the probation officer would be more concerned about illegal drugs.
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November 1st, 2009 at 11:15 pm
The active part of this question is…. prescription drugs … Those FDA controlled medications we are allowed to has per a prescription of a MD/DO/DDS/Etc.
As long as someone who resides in the house has a prescription for them your OK. The only problem is if you were convicted of medication abuse or street drug use. Then your PO my ask for a pee test.
And where can I, or your PO search. Anywhere we want to as long as we are not using the search(es) as harassing or annoying.
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Deputy Sheriff
November 1st, 2009 at 11:33 pm
Well, you didn’t say what you were on probation for. I’m assuming since your question is focused on drugs, you are also on probation for drugs. Your boyfriend is a recovering addict hence the methadone. I can only assume then that you are on probation for the very same thing as your boyfriend has problems with, i.e., smack. If I am wrong, and you are on probation for, say, felony theft, then the drug condition cannot be added to your probation terms.
So yes, the terms and conditions of your probation likely prohibit you from associating with other addicts or be in a place in which you could have access to prescription drugs which can be abused. You will have to closely examine the terms of your probation, which are available as a printout from whatever date you were sentenced. You should inform your probation officer in advance, before the search, of the circumstances in which you live. Be well aware of your probation conditions before speaking with your PO.
This kind of thing happens frequently. If I have an alcohol prohibition from multiple DUIs, my wife is not allowed to have alcohol in the house. If I am on parole for a violent felony and I have a gun restriction, no weapons can be in the home I’m in. Those are typically the rules even though other persons have a legal right to possess those things.
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Criminal defense attorney.
November 1st, 2009 at 11:45 pm
probation officers can only search public areas of a house that includes room mates.
what does that mean, they can search everything but someone elses locked bedroom door, LOCKED here is they key word.
They can make a home visit 24/7 and search as they please.
If you have access to an area within the house they can search it.
as for the drugs as long as the drugs STAY in the BOTTLE they are marked for, the bottle is not within your living space. everything will be fine. just remember this the methedone is given over the weekend for use not saving, if you have 4-5 bottles laying around then you are in violation of the rules with the prescription and they will take it.
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November 2nd, 2009 at 12:09 am
first of all he can search, when ever he gets an itch….if he does find them…your only way out, is proving your not using any of them, with a clean drug test……
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