QUESTION
Can my brothers probation officers come in my house without me opening the door?
Asked on Apr 29th, 2013 on Criminal Law - Georgia
More details to this question:
I was sleep and was woken up by the pounding on my door. I sat up but before I could stand up I heard the door of my house open and someone was looking for my brother. I saw three people in the doorway and one of them is my brother’s probation officer. I notice that they broke the latch of my door. I asked her if she is allowed in my house. She said she knocked and the door opened at once. I told her what I heard. She searched the house with the other two officers even though my brother wasn’t home. They found porn videos in my brother’s room and made me sign a notice that they were taking my brother’s phone and his wife and son’s Ipad. The next day my brother was sent to jail for the porn videos. I took pictures of the damage of the door and went to the police station. The police officer there said he will call me when he gets the probation officer’s side of the story.
2 ANSWERS
You need to contact a local attorney right away about a violation of your rights and damage to your property. If your brother listed your address as his address, you may not have any recourse because probationers have diminished constitutional protections, however, this still sounds like a clear violation of his rights as well.
Answered on May 06th, 2013 at 11:29 PM
Criminal Defense Attorney serving Bloomfield Hills, MI
Partner at
Law Offices of Marshall S. Tauber
2 Awards
No, they broke the latch and broke the law if it is your home and you did not provide permission for them to enter. Unfortunately, the privacy issues have to be asserted by your brother as they relate to the search. But you could support his assertions with your testimony or an affidavit. Are you the homeowner or primary leaseholder? If so, you are entitled to reimbursement for your damages from whomever broke the latch.
Answered on May 06th, 2013 at 11:22 PM