Q: Is my probation officer's action legal and do I have recourse?
I am on supervised probation in Kentucky and recently moved back to my residence after graduating from a sober living house. My probation officer visited my home, claiming someone reported that I was living with my boyfriend, who is also a felon. My boyfriend was not present, and there were no belongings of his at my house. During the visit, they found a syringe behind my TV stand, which I had not noticed. I passed a drug test but was taken to jail and subsequently sent to rehab, without being charged with any crime or seeing a judge. I have also not been provided with any documentation or explanation for this action. How can this be legal, and do I have any recourse?
A: Most likely the judge granted your PO authority to do this without returning to court. Check your probation papers. If so, it is perfectly legal. If not, you may have an actionable claim.
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