In Georgia, can a person on probation be illegally searched by law enforcement? The answer is yes and no. A probationer who has executed a Fourth Amendment waiver at the time of their plea may be subject to a warrantless search if there is reasonable suspicion of criminal activity or for the purpose of monitoring the extent of the probationer’s compliance or lack of compliance with the terms of their probation. The general rule is that the police can search a probationer, who is subject to a special condition of probation waiving her Fourth Amendment rights and agreeing to searches of her person, property, residence, and vehicle, at any time, day or night, and with or without a warrant, provided there exists a reasonable or good-faith suspicion for the search, that is, the police must not merely be acting in bad faith or in an arbitrary and capricious manner such as searching to harass the probationer.
If you are challenging the illegal search under a Fourth Amendment waiver you will need to argue the search was without consent and the officer was conducting the search in bad faith or in an arbitrary manner.
If you feel as the police or law enforcement seized evidence illegally, please give us a call at our law firm at 404-581-0999 to discuss the possibility of representation.