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Rights of a probation officer?

Does being on misdemeanor probation count as probable cause for searches?

  • I know that i have the right to tell a police officer that i do not consent my car or belongings being searched and i know that the cops cannot do so without my permission, a search warrant, or probable cause. i'm curious to know if being on misdemeanor probation counts as probable cause. i live in a very small town with way too many cops. there's hardly ever any serious violent crimes in my town, so as you can imagine the cops around here get very bored. i've been harassed by my police department for many years now, when the only charge i've ever obtained was an underage drinking charge 2 years ago. even still, dealing with them is something i do quite often. i've just gotten my license, so i know for a fact that i'll have a run in with the PD anytime now. i also suspect that they will pull me over for no reason at all, and ask to search my car. i don't do drugs, and i never have anything illegal. however, i still DO NOT want to consent to them searching my vehicle. i want the harassment to end. i want them to be well aware that i know my rights and that they cannot intimidate. but if being on misdemeanor probation qualifies as "probable cause" then i guess i have no choice. so is misdemeanor probation probable cause for searches in the state of georgia? i only want answers from people who are 100% sure also, vist flexyourrights.org for more information on your rights when it comes to police officers

  • Answer:

    If you are on "informal probation" which is the case from any underage drinking charge than a cop can search you at anytime without any reason. When placed don this probation, if a cop asks you if you are on probation you are required to say yes, and in doing so you void all your rights and they can search you and your vehicle without any probable cause.

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It depends on what your conditions of probation say. If you waive your 4th amendment rights, then yes they are allowed to search. That's the short answer. The long answer will depend on what constitutes grounds for a probation search in your jurisdiction. In mine, I have to have "reasonable suspicion" to believe that someone is violating probation. It would depend on each jurisdiction as to how that would work with doing a search.

Generally, those on probation have less rights. For instance, probation can search your house at any time. But being on probation is not probable cause for any stop or arrest. You need to be aware that it is virtually impossible to drive a car for very long and not break some traffic law. So they could follow you and pull you over and have probable cause for the stop. That does not give them PC for a search of your vehicle. You can try it: tell them you don't consent to the search of your car. See what happens. But if you give consent, it might take less time and they might get bored with you. If you fight them, that would be less boring for them.

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