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
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
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
