R.C. § 2951.02 - Factors to consider when granting probation or suspending sentence

• Cite as: R.C. § 2951.02

[(A)] (A)

(1) During the period of a misdemeanor offender's community control sanction or during the period of a felony offender's nonresidential sanction, authorized probation officers who are engaged within the scope of their supervisory duties or responsibilities may search, with or without a warrant, the person of the offender, the place of residence of the offender, and a motor vehicle, another item of tangible or intangible personal property, or other real property in which the offender has a right, title, or interest or for which the offender has the express or implied permission of a person with a right, title, or interest to use, occupy, or possess if [the] any of the following apply:

(a) The probation officers have reasonable grounds to believe that the offender is not abiding by the law or otherwise is not complying with the conditions of the misdemeanor offender's community control sanction or the conditions of the felony offender's nonresidential sanction. [If]

(b) If the offender is a felony offender, the court requires the offender's consent to searches as part of the terms and conditions of community control, and the offender agreed to those terms and conditions.

(c) If the offender is a felony offender, the offender otherwise provides consent for the search.

(2) If a felony offender who is sentenced to a nonresidential sanction is under the general control and supervision of the adult parole authority, as described in division (A)(2)(a) of section 2929.15 of the Revised Code, adult parole authority field officers with supervisory responsibilities over the felony offender shall have the same search authority relative to the felony offender during the period of the sanction that is described under [this] division (A)(1) of this section for probation officers. [The court that places the]

(3) If a misdemeanor offender is placed under a community control sanction pursuant to section 2929.25 of the Revised Code or [that sentences the] if a felony offender is sentenced to a nonresidential sanction pursuant to section 2929.17 of the Revised Code, the court that places the misdemeanor offender under the sanction or sentences the felony offender to the sanction shall provide the offender with a written notice that informs the offender that authorized probation officers or adult parole authority field officers with supervisory responsibilities over the offender who are engaged within the scope of their supervisory duties or responsibilities may conduct [those] the types of searches described in divisions (A)(1) and (2) of this section during the period of community control sanction or the nonresidential sanction if [they] any of the following apply: