Salt Lake City, UT asked in Criminal Law for Idaho

Q: Son was arrested on supervised parole for possession of a controlled substance, he resided with us his parents.

Does his parole officer still have authority to enter the residence and do a search while he is in jail?

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: Probation officers are given about 90% of your son's 4th Amendment rights, while he is on probation. If you son had been at home, the P.O. would have been able to come right in, after ringing the door bell of course. They have the right to search his room plus any "common area." Your son has given them the right to do that. If the P.O. breaks the door and doesn't knock, then we've got a HUGE problem. However, if the P.O. come into son's room + any "common area(s)" then you would be hard pressed to find a judge who would say that they have exceeded their authority.

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