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

Asked 10 months ago - 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.

Attorney answers (2)

  1. Christopher Daniel Leroi

    Contributor Level 20

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    Answered . 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... more
  2. Stephen Clark Harkess

    Contributor Level 20

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    Lawyers agree

    1

    Answered . 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... more

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