Power of a probation officer

[goofin]

my dumbass brother gets a dui, goes to court and gets 6 months probation. since he is living in my house, the po tells him he will search our house once a month and i have to remove my guns from the home.

why should i have to abide by this bullshit? my brother has a 10x12 room in the house, and as far as im concerned thats the only space that the po needs to be concerned about. now before anyone goes off half cocked, there are no illegal drugs in the house, everyone here is 21 or older, there is nothing to hide from any type of leo. hell my landlords bil is stationed just a few miles from here with psp at elizabethville

[pyld]

It's a condition of his probation. He or the guns gots to go. You can refused to let the PO search the house, and the PO can require your brother move and/or violate him back to jail.

They may not have told you, but they sure as hell told him what the consequences of his plea would be.

You may want to talk with him--they usually make this pretty clear.

[goofin]

welp guess he's going cause im not moving my guns that i carry everyday

[emsjeep]

put everything but your carry guns in storage and just keep them on/with you at all times????...you probly do that anyway...hes not gonna search your person is he?

What did he plead to?

[nlcrsn]

wouldnt this be same as spouse owning guns when other half is not permitted to own. As long as they are not in his possession?????????

[gf45acp]

First, big time IANAL.
Would it not be that the guns can not be in his control. In a room, locked, in a locked safe or such, that he has no key/access to?
You may want to check with the court and find out exactly what the judge put as conditions.

[goofin]

put everything but your carry guns in storage and just keep them on/with you at all times????...you probly do that anyway...hes not gonna search your person is he?

What did he plead to?

they are stored in my safe, i have the only key. i also have 5 1911's that i carry depending where im going. the po isnt going to touch me, he has no right to.

brother plead guilty to dui and got 2g's in fines, no license for 6 months and 6 months probation. 50 bucks a month supervision fee, guess you have to pay them to do their job

[pyld]

The way this works in that part of the world (I believe Daupin/Perry/Cumberland share ARD and Adult Probation practices) is that the terms of the probation probably prohibit the brother to possess firearms. Every PO I've ever heard of from out there will prohibit them in the house.

Heck, on a DUI offense, I'd be shocked if they did not tell you no alcohol in the house.

ARD, when possible, can prevent this--although that's probably water under the bridge by now.

You may find a reasonable PO. You may not. Keep in mind that getting into it with the PO may find your brother violated (some of those guys can be big time pricks).

[Strapped]

Did you force your brother to drink? no.

Did you force your brother to drive? no.

It was his bad decision, not yours, you should not be punished for his lack of judgement.

If I was in your shoes, he would be finding a new residence asap, and if it's the county jail, then so be it..