I have a scenario where a probationer has a motion to revoke filed and a revocation hearing pending. While the hearing is pending, the defendant is out on bond.

Is the probationer still subject to the terms and conditions of community supervision with the hearing pending or are conditions stayed pending the hearing? If the terms of supervision are still in effect, can a police officer search the probationer's home if the officer has reasonable suspicion that the probationer violated the terms of his supervision by committing a new offense? Or, should it be the probation officer who, upon obtaining the information from police as to the new offense, conducts the search of the residence for evidence that the probationer violated the terms of his supervision?

I have done some research on the issue and have been unable to find anything on point. My knee jerk reaction to this situation is that the probationer is still subject to the terms of supervision, but it should be the probation officer who searches the residence upon reasonable suspicion that the probationer has violated those conditions, not the police officer. Any help is greatly appreciated!

I have always felt they are still on probation while the motion is pending. We frequently amend the motion prior to trial with new violations like more failure to reports. The probation officer should be the one searching the home as well.

Motion pending, but unexpired, Surely so. Motion pending but outside of probation term, don't think so.

+1 to CA

Filing a motion to revoke/adjudicate should in no way "stay" the case, as long as the probation term is still active.

Every order granting probation in our county includes the specific language that the filing of a motion to revoke or a motion to adjudicate does not terminate the requirements of this order. That way there is no argument that the terms of the order were stayed while the MTR was pending.