Legal Question in Criminal Law in California

Probation search?

I am a minor with a pending felony vandalism charge. I was told by a source that probation officers may search my house and the premises to determine if my parents are fit to parent. Any confirmation of this? If true, any details as to what I can expect? Thank you.

Asked on 5/10/06, 7:59 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Probation search?

You should be discussing with your attorney. As a general rule the probation department will review the home and the parents as a part of the rehibilitation of the minor. Most of the time the home easily passes this review. As to the search without a warrant, the probation can enter the house to search. As a general rule the search should be limited to the common areas of the house and the bedroom of the minor. However, the tenor of you question indicates that you and perhaps you family is concerned about something being found in the house. If there are any drugs in the house or there is some other problem then the family should work on solving that problem quickly. If you family does not agree to the terms of probation you may be placed in a juvenile facility.

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Answered on 5/12/06, 1:00 am
Quincy Hoang Quincy Hoang, Attorney

Re: Probation search?

What are the charges? How are you out of custody? Were you released on bail or supervised o.r. What is your criminal history? If you haven't been convicted of the crime, you are not on probation and therefore probation officers would not have any authority to search your home.

Even if the probation department suspects that your parents are unfit, your parents have an absolute right to allow or prohibit anyone from entering their home except for emergency circumstances or if law enforcement had obtained a warrant.

If you have any questions, please contact my offices.

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Answered on 5/10/06, 9:54 pm

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