Belleview, FL asked in Criminal Law for Florida

Q: My roommates daughter just got out of jail and moved in with us. We live in a rough area,, theives ,drugs n the like.

We keep our property gates locked n we have a pitbull. The daughter's probation officer says we can no longer lock our gates. They have to stay unlocked. Can she do this?CAN SHE MAKE US KEEPP OUR GSTES UNLOCKED

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3 Lawyer Answers
Terrence James O'Sullivan
Terrence James O'Sullivan
Answered
  • Criminal Law Lawyer
  • Melbourne, FL
  • Licensed in Florida

A: If you’re on probation in Florida you essentially lose all you’re 4th Amendment rights. Most, if not all, standard conditions of probation are to not associate with known criminals

1 user found this answer helpful

Jonathan Blecher
Jonathan Blecher
Answered
  • Criminal Law Lawyer
  • Miami, FL
  • Licensed in Florida

A: There’s a delicate balance to be struck here. The probation officer is required to have unrestricted access to the probationer. A locked fence prevents that. I understand the reason for the locks, however. You have some options. Don’t lock the gates, chain your pit bull or keep it indoors, have your daughter move or bring it up to her judge for clarification.

Terrence H Thorgaard agrees with this answer

1 user found this answer helpful

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: It's a limitation on the daughter, not on you. However if you want her to be able to live with you, the PO can insist that you waive your property rights (such as the right to lock the gate and to keep a dog inside) and keep the gate unlocked. I suggest that you try to reason with the PO; perhaps give a copy of the key to the PO and local LEOs. Or, if it's a coded gate, giving them the combination might work better.

1 user found this answer helpful

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