If you are convicted of a criminal offense in the State of Florida you may be sentenced to a term of probation in addition to, or in lieu of, a term of incarceration. Throughout your probationary period, you are subject to a number of rules and conditions that you must abide by to prevent a return to jail. One question many probationers have is “ Can the police search my home if I am on probation in Florida? ” The simple answer to that question is typically, “yes”.
When you are ordered by the judge to serve a period of probation the judge will also impose upon you a number of standard conditions of probation as well as some special conditions of probation. Standard conditions of probation, as the name implies, are conditions that all probationers must abide by regardless of the offense they committed. Special conditions, on the other hand, are geared toward your specific offense and/or history. For example, you might be ordered to complete a drug and alcohol evaluation and treatment if you were convicted of a drug or alcohol offense and/or if you have a history of substance abuse that has led to criminal conduct.
Standard conditions of probation may vary somewhat from one county to the next but usually include things such as:
• Maintaining employment or enrollment in school
• Reporting to your probation officer
• Not being arrested for a new offense
• Paying all fines and costs
While on probation you remain under the supervision of the court. As such, you give up certain rights, such as your right to refuse a search of your home. Therefore, the police can typically search your home without a warrant while you are on probation. There are, however, some scenarios where the right to search your home may be questionable. For example, if you share your home with roommates the police may not be able to search the entire home. For this reason, you should consult with an experienced criminal defense attorney if your home was searched while on probation and something incriminating was uncovered.
If the police conducted a search of your home while on probation and found something incriminating, contact Powers, Sellers, & Finkelstein PLC by calling 727-531-2926 to schedule your free consultation and discuss your legal options today.