where she may be with or without a search warrant, on request of a probation officer. (The 
Court noted that search of a probationer and his or her residence, with or without a warrant, 
based on reasonable suspicion that probationer violated the terms of probation would be valid.) 
Commonwealth v. LaFrance, 525 N.E. 2d 379 (Mass. 1988). 
• 
Prohibiting custody of children unless it had a clear relationship to the crime of child abuse. 
• 
Prohibiting marriage and pregnancy.Rodriguez v. State, 378 So.2d 7 (Fla. App. 1979). 
• 
Prohibiting the defendant from fathering any children during the probation period. Burchell 
v. State, 419 So.2d 358 (Fla. App. 1982). 
• 
Requiring the defendant to maintain a short haircut. Inman v. State, 183 S.E.2d 413 (GA. 
App. 1971)(the court found this condition was an unconstitutional invasion of the right to self-
expression). 
 Courts have upheld the following conditions: 
• 
Prohibiting offenders convicted of child pornography from having access to the internet, 
possessing a computer, and requiring the offender to submit to polygraph testing. See, United 
States v. Zinn, 321 F.3d. 1084 (11th Cir. 2003), United States v. Rearden, 349 F.3d 608 (9th Cir. 
2003), State v. Ehli, 681 N.W. 2d 808 (N.D. 2004), People v. Harrisson, 134 Cal.App.4th 637 
(2005). 
• 
Prohibiting the probationer from fathering any additional children unless he could 
demonstrate he had the financial ability to support them, and that he was supporting the nine 
children he had fathered. State v. Oakley, 629 N.W. 2d 200 (Wis. 2001). 
• 
Requiring probationers to pay all fees, fines, and restitution, refrain from contacting the 
victim, undergo treatment for substance abuse, participate in alternatives to violence classes, 
stay in school, not leave the state without permission, abstain from alcohol, not drive. These 
conditions that apply to all probationers are referred to as “general conditions of probation.” 
 
Many jurisdictions authorize split probation and allow the judge to sentence the offender to a short period 
of jail as a condition of probation. In some cases, the offender will serve his jail time before he returns to the 
community under probation supervision. In others, he will be released first and serve his time on weekends. 
The federal system uses a similar procedure involving a more substantial jail sentence. The judges impose a 
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