Probabtion question

[Kaldric]

Jurisdiction

Georgia

Okay my brother just got out of jail for a felony drug charge. and there was an arguement about wether police can enter the house and search for drugs without a warrent. I wish to end this stupid arguement so i am asking here.

Can cops/police/probation officer come in and search the house without a warrent just because there is a felon living at the house?

 

[Zigner]

Okay my brother just got out of jail for a felony drug charge. and there was an arguement about wether police can enter the house and search for drugs without a warrent. I wish to end this stupid arguement so i am asking here.

Can cops/police/probation officer come in and search the house without a warrent just because there is a felon living at the house?

It depends on the terms of his probation, but generally, yes they can enter the house he lives in to perform a search. Not because he is a felon, but because he's on probation.

*argument*
*whether*
*warrant*

 

[adjusterjack]

"Just because."

No. There has to be more to it than that.

Here are two GA cases and one federal that explains it.

STATE v. CAULEY | FindLaw

GEORGIA COURT UPHOLDS PROBATION SEARCH BASED ON FOURTH AMENDMENT WAIVER (patc.com)

WARRANTLESS SEARCH OF PROBATIONER'S RESIDENCE REASONABLE DESPITE OBJECTION OF CO-OCCUPANT - California Peace Officers Association | CPOA

 

[zddoodah]

Is he on probation or parole?

 

[Zigner]

Is he on probation or parole?

Subject of the thread is "Probation question"

 

[Tax Counsel]

Subject of the thread is "Probation question"

Most of the public does not know there is a difference, and the OP may well have assumed it was probation without really checking which one it is. The fact that he says he just got out of jail "on a felony drug charge" suggests that he is out on parole, not on probation. One does not usually get mere probation on a felony offense. I assume that's what prompted zddoodah to ask the question. It is not really clear which it is. The OP might want to double check to be sure of whether it's probation or parole.

 

[Zigner]

Most of the public does not know there is a difference, and the OP may well have assumed it was probation without really checking which one it is. The fact that he says he just got out of jail "on a felony drug charge" suggests that he is out on parole, not on probation. One does not usually get mere probation on a felony offense. I assume that's what prompted zddoodah to ask the question. It is not really clear which it is. The OP might want to double check to be sure of whether it's probation or parole.

Fair enough