I'm on drug offender probation and my male probation officer is meeting me at my house. Could he drug test at my home?
3 attorney answers
I agree with the answers given by Mr Haber and Mr Berstein.
Please remember that if you are to suffer personal indignities at the hands of the PO, it is best that you let your attorney handle it. If you were to refuse any instruction without an order from the judge allowing such refusal than the indignities of jail waiting while your attorney sorts it all out could far outweigh anything you would suffer at the hands of the PO and may, since you would be in a VOP posture, last a lot longer than what you originally thought.
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If he carries a portable spot test then yes, you can be asked to take it then and there.
If you decline then you can be violated.
If the Judge finds that it was an unreasonable request (i.e. your PO is male and you are female and he insisted on watching you urinate) then the affidavit will be tossed, but only after you have been to hell and back. Here is what I tell folks about unreasonable PO's...
If I were you I'd get used to the idea that, like it or not you are STUCK with both your PO AND her power trip. If you give her anything but smiles and "yes ma'am" / "no ma'am" answers then she can (and from the sound of it likely will) make your life miserable. No matter how "right" you may be, no matter how "wrong" she may be, I promise you that you WILL NOT win the war that she can most easily wage against you.
Being on probation is an alternative to incarceration. It is a gift of sorts, albeit it is given by an Indian giver who can take it back at any time (the alternative being jail). It behooves you to remember that at all times while serving your probationary period. It may help to think of your time on probation as walking on a tightrope. Stray just a little to either side, lose your concentration or balance even for a moment and you fall. However, instead of landing on the ground you land in jail or prison.
My advise: Suck it up buttercup. Do what your PO says, when she says to do it and keep your opinions about the matter to yourself. The alternative is jail, and possibly prison. BUT... (caps intentional) just as you must listen to your PO so too must your PO listen to the Judge. Where your PO is being unreasonable you are perfectly free to take the matter to the Judge (in the form of a formal motion), and in that light it is always best that you take the matter to the Judge on your own initiative and on yur own terms as opposed to your PO starting the process by filing an affidavit of violation of probation and seeking issuance of a warrant for your arrest. Either way, whether you petition the court proactively (on offense) or deal with the situation reactively (on defense), if you are right then the Judge will so advise your PO, and if not then you will be stuck following orders like a good soldier, while you file and appeal (or not).
In the interim you might consider taking a look at both my Avvo Legal Guide on surviving probation / CC in Florida as well as my YouTube Webisode on "Power Tripping PO's" as they both contains a great deal of information on the subject, supplement this answer and may prove to be helpful to you. For your convenience links to both follow:
Michael A. Haber, Esq.'s AVVO Legal Guide on Probation in Florida: What it is and how to survive it? https://www.avvo.com/legal-guides/ugc/probation-in-florida--what-it-is-and-how-to-survive-it
Haber PA's YouTube Webisode on Power Tripping Probation Officers - https://youtu.be/TZ6T32w0NAA
I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Your PO can drug test you at home if you are on house arrest. He can not, however, observe you in the bathroom urinating. He will probably bring a female with him if that is the purpose of the visit since you will have to be observed passing urine to prevent fraudulent conduct of using someone else's. If he violates your privacy or insists that he can watch, I'd suggest that you speak with a local criminal defense attorney or civil rights attorney for further evaluation.