Can a Probation Officer Search You if You Are Not on Parole

[sw1]

My question involves criminal law for the state of: Connecticut

I was at a friends house, he is on parole and I am not, when his probation officer shows up. My friend had some stuff he shouldn't of (ie: a bottle of pain killers with no lable on it) on his coffee table. The officer then starts to search his home and ME!

I did not consent to him searching me, but he did anyways. Is this legal??? I search and searched online but couldn't find any help...

Thanks in advance

[aardvarc]

Whether you're on probation or not, you're in the company of someone who IS, and the officer has the support of the courts to perform an officer-safety pat down of your person to ensure there are no weapons. What they don't get to do is a thorough search, such as manipulating an item obviously too small to be a weapon, such as a pill or a small crack pipe in a pocket. If this level of search occurred, and if anything was found during that search, it gets addressed by moving to have to fruit of that search suppressed. If the search didn't result in anything, there's nothing to address.

[sw1]

Whether you're on probation or not, you're in the company of someone who IS, and the officer has the support of the courts to perform an officer-safety pat down of your person to ensure there are no weapons. What they don't get to do is a thorough search, such as manipulating an item obviously too small to be a weapon, such as a pill or a small crack pipe in a pocket. If this level of search occurred, and if anything was found during that search, it gets addressed by moving to have to fruit of that search suppressed. If the search didn't result in anything, there's nothing to address.

thank you very much for your reply.

well the Probation officer, felt/found 2 or 3 loose pills (the painkillers my friend had, he gave them to me because I have a really bad tooth and no health insurance to do anything about it) in my pocket... I was then placed in hand cuffs, they called the cops... the cops show up, they put me in the car without reading me my rights... on the drive to the station I ask "what am I being charged with" and the cop says "Im not sure yet"... when we get to the station I am then searched by an on duty police officer and put in a cell for over a hour, still haven't had my rights read to me yet... finally I get processed... during this I was FINALLY read my rights and made to sign a paper saying so... they let me go with a PTA and a possession charge...

I have to goto court tomorrow over this dumb crap.

[aardvarc]

well the Probation officer, felt/found 2 or 3 loose pills (the painkillers my friend had, he gave them to me because I have a really bad tooth and no health insurance to do anything about it) in my pocket...

If the search stands up in court this isn't good for you. Possession of prescription medication that isn't prescribed to you is a criminal offense. You can move to have the fruits of the search suppressed, but whether or not it will be so suppressed can be dependent on what probable cause the officer is able to articulate to the court. This is where your attorney will be invaluable.

I was then placed in hand cuffs, they called the cops... the cops show up, they put me in the car without reading me my rights...

Despite what you see on TV, most cases never require the reading of Miranda. Unless the officer interrogated you in a custodial setting AND uses statements you made during that questioning in the case against you, it's irrelevent.

[quoteon the drive to the station I ask "what am I being charged with" and the cop says "Im not sure yet"... [/quote]

Until the officer can get a presumptive identification of exactly what the pills were, as well as an accurate weight/amount, which could affect the level of the charge, this is completely reasonable.

when we get to the station I am then searched by an on duty police officer

All arrestees get searched. It's part of the intake process to keep contraband out.

and put in a cell for over a hour, still haven't had my rights read to me yet...

See above about when Miranda is required.

I have to goto court tomorrow over this dumb crap.

Then tomorrow is when you'll be arraigned; meaning the state will formally read the charges against you, and you'll plead guilty or not guilty. Have you retained an attorney yet?

[sw1]

Have you retained an attorney yet?

no I have not.

[BOR]

I did not consent to him searching me, but he did anyways. Is this legal??? I search and searched online but couldn't find any help...

Thanks in advance

Simply being on the "compact premises" when a search is conducted is not automatic cause to search all, compare:

http://supreme.justia.com/us/444/85/case.html

Note however the Terry case cited, Terry v. Ohio.

IF there is a "reasonable suspicion" you may be armed, the search is permissable.

It is settled law that drugs and weapons may go hand in hand.

If upon a frisk of the outer clothing "contraband" is potentially recognized, a pipe, a pill box, etc., under the "plain feel" doctrine, then a full search can be done, compare Minnesota v. Dickerson US SC.

[sw1]

well I applied and got a Public Defender, but I did not have a chance to talk with them today... have to go back to court on Sep. 8th.

[sw1]

really appreciate the help... you guys rock!