Monday, October 6, 2014

Federal probation search and seizure regulations & 4th ammendment?

Hello,

I am on federal probation, and I have a live-in girlfriend and a child. My probation officer came over and in plain view found items not allowed per the special terms and conditions of my probation. Namely a cellphone (mine), laptop (hers), kindle (hers). He also found other computer equiptment belonging to me. The terms state I cannot have an electronic device connected to the internet. This was over a year ago and I ended up getting a violation, but I have not received the items back yet. Its not my phone im worried about, but the laptop and kindle. Firstly the laptop was encrypted with full disk encryption and that really irritated them and thats why they say they cant return it. I dont think they had the right to take her stuff in the first place let alone search it.

Is there any lawyers out there that can explain if they did have the right, and how long they can keep her stuff? Maybe cite the actual law, because ive looked on lexis nexis and cant find any specific information on this scenario.

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