Families of SOs Community Group

WE HAVE MOVED!!! ............................. ............................... ......................... ............................ ............................. .......................... HERE: http://support-for-families.boards.net ............. ................ ............... ................ ............................... .................Please create a profile...

1,307 Members
11,281 Posts
0 Online
Personal Challenges
/ Families of SOs Support Group

Warrantless searches

sparkyman
sparkyman
As most of you know, I am currently on probation, not sex offender probation, that ended in 2001, my probation is because I unknowingly failed to register a vacation I went on. Last night at 10:30 pm my wife and I were in bed when the loud knock on the door happened, there was a lady from the DOC and 5 cops who said they were there to do a warrantless search and entered our home, they said they were looking for controband and weapons which I didn't have, they were there for about 15 minutes and left. As some of you know I suffer from severe PTSD and have had 5 heart attacks since being registered in 1998. I went into a major panic attack and thought I was having another heart attack. I live in Florida and have been through enough already, is what happened to me normal? Don't they have to have a reasonable reason for a warrantless search? They did not check my computer just our bedroom, closets and bathroom. This is getting overwhelming for me
coolrich001
coolrich001
I don't know Florida law. I do know that if you are on probation, the POs can come anytime. However, they are only allowed to do a "plain sight" search. They should not be able to open closets, drawers, etc. They also need probable cause to do a search other than that.
There is a mention of warrantless searches here. But I find it vague.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0948/Sections/0948.30.html
sparkyman
sparkyman
Thank you, your right, very vague
aladdin4d
aladdin4d
While under supervision in FL your PO can show up at anytime and perform a search but I don't know that it extends to any PO. The police can't perform a warrantless search just because you're on probation unless a judge added a warrantless search provision as a condition of probation. Even then a police officer must have knowledge that a probationer is subject to warrantless searches and there is a reasonable suspicion requirement that must be met before the search can occur.

An FTR offense doesn't have anything to do with contraband or weapons and neither did your original offense so the questions are 1)Are you even subject to warrantless searches and 2)If you are what was the reasonable suspicion that you were harboring weapons or contraband?

Check your court paperwork over closely. The DOC might have added the warrantless search provision but unless the judge orally pronounced you subject to that as a condition of probation they can't add it on their own not even for SO probation. (I know yours is standard probation). Have you tried calling your PO yet to ask WTF?
maisr
maisr
I don't know how normal this is all I can tell you it happened to be and my roommate twice. One of the times as far as I remember we were woken up taken out to our screenroom handcuffed and forced to remain that way till they finished tossing our trailer.
sparkyman
sparkyman
I went to my probation office and she was not avaliable, so I'm going to try and call her today. My wife and I are going through enough right now, I thought they would need a reason or have a feeling that I did something wrong
sparkyman
sparkyman
Once they left was everything ok? Did you talk to your PO about it?