Legal Question in Criminal Law in Georgia

Probation search and seizures

When someone's house is being searched and they are on probation and have a 4th amendment waiver, does the probation officer have to be there when the search is being conducted? And is it still legal without a search warrent and the apartment is in someone else's name?


Asked on 9/02/04, 2:05 am

2 Answers from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Probation search and seizures

As to the probationer, the waiver is effective. The probation officer need not be present. The issue of the apartment being in the name of another person, may be relevant to the other person, if he or she is the target of the search, but not to the probationer.

Jim Hough

770-607-5300

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Answered on 9/02/04, 9:16 am
Ms. Tran Lankford Tran Lankford, Attorney at Law

Supplement

I agree with the response Jim Hough gave. The Fourth Amendment waiver is a waiver concerning searches and seizures; therefore, the officers did not need a search warrant to search you and/or your premises. As part of the agreement for allowing a person to remain on probation generally, the government will require that the person agree to such warrantless searches. If you have additional information, you should contact an attorney.

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Answered on 9/03/04, 2:16 pm


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