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Can a Federal probation officer tell you .. they have the right to come in your home with out warrant.

Dover, DE |

Son did not live in my home , he was living in homeless shelter and I allowed him to come her to make calls during the day ... His federal probation officer said that if I did not let him in my home to speak with my son he would not let him come here ! that same day I was given copies of standard rules and the word in did not appear in the rule .. the word was at so the man came at second time and I ask him to leave from the inside of my house and he refused too!.. Does at mean in ?

Attorney Answers 2


  1. Probation is a form of criminal sanction--like prison--and in many cases the PO does not need a warrant for areas where the probationer has joint or total control over an area. Federal probationers have limited protection under the 4th Amendment of the United States Constitution. His probation documents should define his rights--your home is NOT a safe haven from those restrictions. The thinking is that if he was still in prison, he would have no safe place to hide his contraband or have total freedom of movement and since he is still under criminal sanction while on probation—he should have no safe place to hide contraband or have total freedom of movement.

    Best option to avoid the scrutiny in the future, do not allow you son in your home.

    Best option given that you want to see your son: make yourself aware of all the consequences of his presence in your home--which include warrantless searches.

    That said, I am NOT a DE attorney. If you are charged with any crime, immediately contact a DE criminal defense attorney. Best of luck to you and your son.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.


  2. Under these circumstances, I would say yes. The son is allowed there to make calls there.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.

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