Legal Question in Criminal Law in Florida
how does probation legally get away with requiring me to agree to warrantless searches of my home and vehicle? this to me violates my constitutional right of not having to submit to unreasonable search and seizure! thanks,michael
Asked on 10/13/09, 2:51 pm
2 Answers from Attorneys
Richard Stoffels
Stoffels Law Group
By agreeing to probation rather than prison you agreed to the terms of probation. Consequently you have given permission for the searches so a warrant is not needed, and therefore, no constitutional rights have been violated. Your alternative is to go to court and request that the judge put you in prison instead.
Answered on 10/13/09, 2:56 pm
Brent Rose
The Orsini & Rose Law Firm
When you signed up for probation, you agreed to warrantless searches. It's in your probation agreement.
Answered on 10/13/09, 3:32 pm
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