My brother stays with me and is on federal parole. Recently, I left an airsoft (spring type very weak) air pistol out in a common area of my house and my brothers parole officer happened to come by noticed it,confiscated it, and became very disrespectful towards me. Unlike my brother I have never had any trouble with the law. Based upon the parole officers action I believe that it is possible that he will return and want to do some sort of search of the home. My question is what legal limitations are there to a search of this kind e.g. (the whole house, my brothers bedroom, common area's etc). I have never broken the law and have nothing to hide, but don't relish the idea of marshals coming into my home and tossing it. Thanks in advance for your response.
1 Answer from Attorneys
There are few limitation on search of parolee residence, as to scope or frequency. Any area to which he has access is fair game. That's the price he pays for his crime, as do you now. However, an airsoft gun is not a 'firearm' that would be illegal in his possession, so seizure was wrong. You should write requesting its return on that basis.