Legal Question in Criminal Law in Florida

legal or illegal search?

can a probation officer open a safe without a warrant or permission by the owner that is not on probation?


Asked on 9/22/07, 4:57 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: legal or illegal search?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

As I stated in response to a previous question (yours?), it would not appear to be reasonable or warranted for the officer to go into your purse without your permission and take keys to YOUR safe. I believe that the results of this search should and could be challenged in court and would not be upheld. This would constitute the equivalent of a warrantless search.

Scott R. Jay, Esq.

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Answered on 9/22/07, 10:07 pm


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