Legal Question in Criminal Law in California

rules of engagment on a rent resident search

can Probation office come and search a rental home with out a warrant .


Asked on 2/02/07, 10:24 am

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: rules of engagment on a rent resident search

Yes. You lost your 'search and seizure' rights when put on probation.

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Answered on 2/02/07, 1:13 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: rules of engagment on a rent resident search

Mr. Nelson's answer is correct for most probationers, but not all.

There is a standard condition of probation under which the probationer agrees (as part of the deal that got him probation instead of a prison sentence) to submit to searches of his person or his residence at any time. This term is included in almost all probation sentences.

Unless your terms of probation are among the few that did not include this term, the probation office can search your home without a warrant.

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Answered on 2/02/07, 2:43 pm
Daniel J. Mangan III JuryTrialJustice

Re: rules of engagment on a rent resident search

Based on your question the answer is could be...if the rental was the residence of a probationer with search terms..this I do Not know...

DJM

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Answered on 2/02/07, 8:44 pm


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