Arkansas Probation and Parole Search

Criminal Law

On Probation in Arkansas? So long, Constitution!

probationWe all know police need probable cause to conduct a search of your vehicle and a warrant to conduct a search of your home. Well, they usually do, anyway. If you are on probation or parole in Arkansas, however, you have probably waived these requirements and given written consent for law enforcement to search your home or car at any time without a warrant. If this sounds scary, it is. It may not be as scary as prison, but it's scary.

In exchange for not being incarcerated in the Arkansas Department of Corrections, many people are given the option for probation. (For more information about some specifics about probation in Arkansas, click here or here.) When someone is placed on probation in Arkansas, they must abide by certain conditions. One of these conditions is that you agree to allow your car or home to be searched without probable cause and without a warrant.

This means that the police no longer need probable cause to search you or your vehicle, and they do not need a warrant to search your home. During the time you’re on probation, you have basically waived your right to any protection under the 4th Amendment. If you think it's strange that you can actually waive your right to protections in the Constitution, you're not alone: It is strange.

In normal circumstances, if police have a lead or hunch that some type of illegal contraband is within a person’s home, they would need to gather evidence and present that evidence to an Arkansas judge. The judge would then issue a warrant if he or she believes that probable cause exists. With a search waiver, police just need to decide what time they would like to stop by and take a look inside your home. You might as well give them your car keys and house keys.

The good news is that even if you have signed a search waiver, you have certain defenses against police abuse of that waiver. An Arkansas Criminal Defense Lawyer can walk you through the steps to know whether you can fight the search.

If you feel you or your property was unlawfully searched, even if you are on probation, give us a call today to speak about your case and any possible defenses you may have.

Other interesting Blawgs:

How much does a criminal lawyer cost?

What does it mean to get your criminal record “sealed?”

Inmate Medical and Mental Health Care Rights

 

About the Author
Stewart A. Whaley Arkansas Lawyer

Stewart A. Whaley

Lawyer

Stewart grew up in Helena, Arkansas. He graduated with Honors from the William H. Bowen School of Law in Little Rock and trained with the National Institute for Trial Advocacy. His practice includes family law, criminal defense and prisoners’ rights. Stewart is a qualified Dependency/Neglect Attorney ad Litem, Domestic Relations Attorney ad Litem and an advisor to the Central Arkansas…

View Full Profile
Schedule a Free Consultation
  • This field is for validation purposes and should be left unchanged.
Practice Areas
Bankruptcy
Business Law
Criminal Defense
Elder Law
Employment Law
Estate Planning
Family Law
Personal Injury
Probate & Estate Admin

Request A Consultation

  • This field is for validation purposes and should be left unchanged.