Alexander, AR asked in Criminal Law for Arkansas

Q: I'm on probation and my house was search for probation sweep without my probation officer. Is that legal in Arkansas

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1 Lawyer Answer
James E Hensley Jr
James E Hensley Jr
Answered
  • Criminal Law Lawyer
  • Conway, AR
  • Licensed in Arkansas

A: About 5 years ago, I took this same issue to the Arkansas Supreme Court. The facts sound the same. My client was out on parole and the agreement said his "probation/parole officer" could search my client's home and vehicle. A local officer stopped my guy and searched his car. We argued that ONLY the probation/parole officer could perform the search.

The Arkansas Supreme Court said that any law enforcement officer could perform a search. So I guess the answer to your question is "yes" your house may be searched without your PO present. See also,

https://answers.justia.com/question/2017/08/04/in-arkansas-do-you-have-to-allow-both-pr-301680

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