Legal Question in Criminal Law in Michigan

I am on probation for 12 months for a misdemeanor of false pretenses. I currently live with my boyfriend and his mom in her home. We have a detached garage that is on another parcel of land (next door) that is in my boyfriend's name only. In addition, my boyfriend's mom owns the house next door and often uses it as a guest house because it sits empty, and is in my boyfriend's mom's name only. I understand as part of my probation, I am subject to searches of my person and property. Next weekend, my boyfriend's sister and her friends want to come visit. They always stay in the guest house. They want to bring some beer. I have explained to them that I am on probation and cannot be around alcohol nor have alcohol around me or on my property, but they are trying to argue that a probation officer cannot search the guest house because it's on it's own piece of land and not the place where I live. I am concerned that if my PO makes a surprise visit this weekend, she will want to search that house and will find the alcohol. Would she be able to do that? I should add that I will NOT be around her and her friends and therefore will not be in the vicinity of the alcohol. In addition, my boyfriend has a case of beer in the detached garage. He was going to throw it out but his sister is saying that my PO can't search the garage, either because it is on a separate address. Who is right? I really don't want a probation violation.


Asked on 11/30/13, 4:02 pm

1 Answer from Attorneys
Jared Austin Austin Legal Services, PLC

This is not worth risking a probation violation. Your PO can search the premises of any place you are staying at. A condition of your probation would be that you cannot be around alcohol where it is being sold or consumed on the premises. If they are not willing to accommodate you, you may have to find another place to live. You can try asking your probation officer how he or she what deal with this type of situation.

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Answered on 11/30/13, 4:21 pm


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