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What can a probation officer NOT do?
In this article, you’ll learn about:
Let’s dig in.
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Things that probation officers cannot do depends on the jurisdiction they work in.
Some things that a probation officer cannot do are:
Your probation officer can:
Let’s look at all of the things a probation officer can and cannot do more in-depth.
A probation officer’s ability to arrest you depends on the state you live in.
There are three scenarios you could face are your probation officer:
Here’s an example of probation officers being able to arrest you differing per jurisdiction.
Statewide, Pennsylvania and Philadelphia probation officers:
In Washington County, Philadelphia, P.O.s are armed and can make arrests.
In Montgomery County, Pennsylvania, P.O.s are armed, but cannot make arrests.
Yes, a probation officer can search your house.
They can search your house:
When you’re on probation, you temporarily lose your Fourth Amendment rights.
The Fourth Amendment protects people from unreasonable searches and seizures.
To search your house, the PO just needs to get permission from their supervisor.
POs can work with law enforcement to give them information from their search of your house.
The police will have POs search your house if they think there is criminal activity going on.
This allows police to bring criminal charges for new crimes against you without a warrant.
A probation officer cannot tell you where to live.
But they can tell you where you cannot live.
They can determine:
Let’s say that your probation officer tells you where to live or where you can’t.
And that you don’t follow their orders for where to live.
Then you are violating the terms of your probation.
Violation of your probation leads to the revocation of supervised probation.
Meaning that you can go to jail for the remaining period of probation.
For violation of your probation, you will get arrested.
You will have to remain in jail until your probation violation hearing.
Yes, a probation officer can search your phone.
They do not need a warrant to search your phone.
The US vs Wood case changed this law.
POs no longer need a warrant or reasonable suspicion to search your phone.
They can search your phone as they wish.
In most states, your probation officer cannot search your parent’s room.
They can only search rooms in the house that are:
The probation officer will likely ask for consent to search the entire house.
Your parents can deny consent to the probation officer searching their rooms.
But, the probation officer can then:
In most states, your probation officer cannot search your roommate’s room.
They can only search rooms in the house that are:
The probation officer will likely ask for consent to search the entire house.
Your roommates can deny consent to the probation officer searching their rooms.
But, the probation officer can then:
A probation officer can come to your house at any time.
There are not any limitations on the times that a probation officer can come to your house.
Your probation officer can come to your house at any time per the conditions of your probation.
Things that are considered harassment from a probation officer are:
Some things that are NOT harassment from a probation officer are:
Probation officers are supervisors of those placed on probation.
They make sure that the probationer is not a danger to the community.
They can work in either juvenile or adult probation.
And they help the probationer rehabilitate and become a productive member of society.
The types of probation are:
The criminal justice system:
Let’s say that, while on probation, you get caught with:
The Department of Corrections will send you back to jail for these technical violations.
You will need a criminal defense lawyer who is experienced in defending probation violations.
Fill out the form on this page for a free consultation.
And get free legal advice on how to avoid getting in trouble.
Let’s dig more into what a probation officer does.
So that we know what a probation officer can and cannot do.
A probation or parole officer’s duties include:
During a home visit, a probation officer will look for:
Let’s say that they suspect you are in a substance abuse relapse.
You’ll need to prove to them without a reasonable doubt that you are not.
Otherwise, they will send you to rehab to stay on the safe side.
Yes, a probation officer will come to your house.
For serious crimes, they will frequently do in-home visits and search your house.
For less serious crimes, they will show up just to make sure you still live there.
They may just leave a door hanger on your front door and have you call them that day.
That proves to them that you have not moved.
Some common probation technical violations are:
When you are on probation, you still have civil rights.
But, when you’re on probation, you lose your rights to:
If you are facing a probation violation, fill out the form on this page.
Our criminal defense attorneys have the experience you need to defend your rights.
This way, you don’t:
You deserve a fair trial in the criminal justice system.
We can provide you with that.
Talk soon.
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