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Is it legal for my probation officer to 'bug' my computer(s)?

Denver, CO |

It has nothing to do with "child porn" or anything related, but my crime was done over the internet. But my crime was back in 2009, I was charged in 2011, and have not broken the law since. I also have others living with me who uses my computer. My probation officer wanted to 'bug' all computers in the household! He wants to hand me a software that can detect all passwords and actions, meaning my bank informations as well as others. What are my rights and can they do this without my consent? Thank you. By the way, I am looking for representation for my case.

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Attorney answers 2

Posted

Yes, you need to hire an attorney. POs view that they have all of the authority in the world and they do unless a judge tells them they went too far and the condition was not appropriate. that can be best accomplished through an attorney

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

Posted

If it is made a condition of your probation then the probation officer can do that. It is not unusual for a condition of probation related to a computer crime to prohibit the use of computers or internet while on probation. This would be less intrusive than that. You are being told about the condition and can tell the other people who use your computer about it so that they know what is going on and are not surprised.

You could try to convince the probation officer that this is unnecessary or, failing that, seek review by the judge to determine whether the condition is warranted. However, most judges give wide discretion to the probation department to determine appropriate probation conditions.

You can reach Harkess & Salter LLC by phone or email. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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