Can the Probation Office Search Me without a Warrant?

When you are convicted of a criminal offense in the State of Tennessee the court may order you to a term of probation in addition to, or in lieu of, a period of incarceration as part of your sentence. While you are on probation you must abide by certain standard and special conditions of probation. In addition, you give up certain rights, which you may take for granted, while you are on probation. One question probationers often have is “Can the probation office search me without a warrant?

The short answer to that question is “probably, yes.” People often misunderstand how probation actually works. Typically, the judge actually sentences a defendant to a period of incarceration and then suspends that time in jail, opting instead to allow the defendant to spend a period of time on probation in lieu of in jail. For example, if you were convicted of driving under the influence the court might sentence you to a year in jail, but then suspend all time not already served. In effect, this means that you were sentenced to a year in jail, but the court is giving you a break and allowing you to avoid jail as long as you conform to all conditions of probation.

Throughout your probationary period, however, you are considered to be under court supervision. As such, you do not enjoy the same freedoms and rights other citizens take for granted. Among those is the prohibition against unreasonable searches and seizures found in the 4th Amendment to the U.S. Constitution. Not only can your probation officer likely conduct a search of your person or contraband or weapons when you show up for an appointment, your house may also be subject to a random warrantless search. Finally, you may also be compelled to submit to another type of search – a chemical test to check for the presence of drugs or alcohol in your system.

Although every court system handles probation differently, most of them will include all of these potential search conditions in your standard conditions of probation that you are given at the beginning of your term of probation.

Failing to abide by any of the conditions of your probation could result in a violation of probation being filed with the court. If, after hearing testimony regarding the alleged violation, the court finds that you did violate your probation, you could be ordered to serve a portion, or even all, of your suspended sentence, commonly referred to as “back-up time.

Because every situation is unique, it is in your best interest to consult with the experienced Tennessee criminal defense attorneys at Bennett, Michael & Hornsby. Contact the team today by calling 615-898-1560 to schedule your appointment.

 

Stan Bennett
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