What Constitutes Official Residence for Probation Purposes
My question involves criminal law for the state of: Louisiana
My 26-year-old son pled guilty to aggravated flight from an officer, two years sentence, suspended with two years supervised probation. He and his wife rent an RV from us (his parents) which is in our backyard and connected to our utilities (electricity, water and satellite TV -- the costs of which are included in the rent), and they cannot enter our home (a mobile home) without being invited in and do not have keys to our home. The land both residences are on belongs to my mother.
Will our home itself be considered part of my son's residence during his probation and would the officer have the right to enter our home at any time for any cause? And to go through our trash cans? We are gunowners and occasionally have wine or beer in our refrigerator and do not want to give up those rights, as well as our right to privacy.
Any information someone can give or any direction to point me for help would be most appreciated.
- - - Updated - - -
I neglected to mention that the physical and mailing addresses are the same for both residences (ours and our son's), and that they have laundry privileges in our verbal rental agreement, but only if we are home and give them permission to enter our home.
Again, many thanks for information that can help.
Re: Louisiana - What Constitutes Official Residence for Probation Purposes
generally a parole or probation officer can inspect and interview, (and physically search) his residence and his person any place where he is found - contact the probation department or the court and inquire....they may require you give a sworn affidavit containing what you ouline as to where he has access....if you lie on the affidavit you can be prosecuted if they find out he's using your residence to stash contraband like DRUGS or weapons or whatever.......if he's a suspected drug dealer and an informant tells them he bought drugs from him anywhere on those premises you're liable to get a 3am visit by the Ninjas with the masks on....plus get arrested as an accessory.
Re: What Constitutes Official Residence for Probation Purposes
For my purposes, his mailing address is where I expect him to have access. It's also where I expect him to be accessible. If you are stating the truth(and I think that you are), you need to differentiate his physical address from yours in someway.