Legal Question in Wills and Trusts in New York

My friend is on probation for felony DWI. She has no stipulation about alcohol in her house. Her PO came over the weekend and went through her grbage behind her house. Is it legal for him to search her garbage? If she does not respond to his call to come in can she have a warrent issued?

Asked on 8/16/10, 11:50 am

1 Answer from Attorneys

Carol Ryder Law Office of Carol Ryder PC

This should be in crim law section (probate is wills). Crim law is not one of my specialties but this situation also falls into civil rights.

Anyway, the price of being on probation is that those on probation give up certain rights those not on probation have (like no warrantless searches in most circumstances). Garbage placed at the CURB is open to anyone to look (and people do-celebrities have learned to watch it because the paparazzi can legally go through it). However, UNLIKE someone on probation, no one can come into my yard and search the garbage cans in my back yard without a warrant or special cirumstances. My friendly advice is for your friend to toe the line and cooperate with her PO-probabtion is a gift and jail is hell. I just helped out in Arraignments jail on LI and THAT was disgusting.

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Answered on 9/05/10, 11:39 am

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