My daughter is transferring her felony probation from VA to FL (Pasco) her original charge was grand larceny. She will not have her own room in my house she will be sharing with me. I have 2 other bedrooms occupied by her minor sister (16) and brother (19). Will probation be able to search their rooms as well? Just kind of curious. Never done this before.
The legal answer is that the PO can conduct a warrantless search of any area over which the probationer has access (i.e. her room and any and all common areas, but not private areas to which the probationer does not have access).
The real world answer is that the PO is going to do whatever the PO wants to do and it'll be up to the Court to straighten things out of they happen to go south.
Even though she is going to be accountable to her VA Judge in the event of a snafu (FL is only conducting courtesy supervision and has no horse in the race... unless of course a new crime is committed in FL) your daughter should consider reading my AVVO Legal Guide on surviving probation / CC in Florida as it contains a great deal of information on the subject and may prove to be helpful to you all. For your convenience a link follows:
Michael A. Haber, Esq.'s AVVO Legal Guide on Probation in Florida: What it is and how to survive it? http://www.avvo.com/legal-guides/ugc/probation-in-florida--what-it-is-and-how-to-survive-it
Wishing your family luck and hoping that I have been helpful in answering your question.
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Technically the PO can only search areas accessible to the prisoner. Remember a person on probation is still a state prisoner for the time being. So my first recommendation is to put locks on the other doors so that you have an argument.
The second issue is what a PO and a cop are allowed to do and do often do are two different things. That is why God invented Judges and Juries and Judges, if presented with the correct arguments by a skilled and knowledgeable attorney will suppress any evidence improperly gained.
So by way of example. Let's say that your eldest daughter is violated because she is not allowed to possess any illicit drug or non prescribed drug. Mr. Friendly (her PO) makes an announced visit and takes a look into your son's room and sees Adderall on his dresser. You son is not home and the Adderall is not in the bottle and so Mr. Friendly then violates your daughter. (I'm using adderall in this example, but it could be a Budweiser or any contraband to a probationer.)
The judge, when presented with the correct argument which would be that the son has a legitimate prescription, the door was closed and it is not the daughters room and not a common area, should suppress any evidence and the charge would be dismissed.
BUT.....That is all after she gets cuffed and stuffed in a car and you spend a few bucks on a good attorney who will take the time to file the suppression motion.
So....PUT LOCKS ON THE OTHER DOORS! And make sure that everyone in the family understands this is a whole new adventure and to tread lightly.
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