Tulsa Attorney BlogThe Drug Court Compliance Officer Wants To Toss Your Home: What Do You Do?

Drug Court Is a Form of Probation in Oklahoma

Video Transcribed: So you’ve pleaded into drug court and now the drug court compliance officer wants to toss your home. What do you do? My name is Brian L. Jackson. I am one of the Criminal Attorneys in Tulsa, Oklahoma with the Wirth Law Office. Today we’re going to talk about your Fourth Amendment privilege once you’ve pled into Oklahoma drug court.

Drug court basically is a form of probation in Oklahoma, and it’s more stringent than a traditional form of probation, like a deferral or a suspended.

I’ve heard of a drug court compliance officer who once describes a drug court as a prison without bars. And there’s something to be said for that. Drug court is far more stringent in terms of the terms of probation than traditional probation typically.

And the reason for that is it’s designed to be a rehabilitative program specifically for folks with addiction issues. And for that reason, especially early on, you’re kept on a very tight leash.

One of the conditions you are subject to as a participant in drug court is you do consent upon pleading into drug court to being subject to searches in your home, of your person, of your vehicle, if you have a vehicle, of your place of work.

what is a bill of attainderIn fact, you can be searched at any time while a participant in the drug court program, and your refusal to comply could be actually grounds for sanction. It also could mean that the drug court judge could conclude that you’re refusing to cooperate because you got something to hide.

Now, for this reason, you should understand that it is in your best interests as a drug court participant, one, don’t have contraband, and two, don’t be in the vicinity of contraband.

This may mean things like be very careful who you live with, be very careful who you transport in your vehicle, and be very careful who you associate with. Because it can most assuredly bite you in the ass.

And it could result in some kind of a sanction including potential jail time. So the long and short of it is when you enter one of these programs, you voluntarily waive your rights against search and seizure as a condition of entering into the program.

And you don’t get to refuse the search anymore, nor does the compliance officer, as a side note, need the warrant to search you. Because you were now their probationer and under the terms of your probation, you waive your right to object and you waive your rights to demand a warrant.

Now, if you have questions about that, if you’re in drug court, if you’re contemplating going into drug court, I would encourage you to go to makelaweasy.com and we’ll help you out with any questions you have. Thanks, guys.

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