2007-01-15 01:41:12 · 21 answers · asked by 3001 1 in Politics & Government ➔ Law Enforcement & Police
If they find illegal stuff in the "common areas" of the house/apartment then this gives them criminal intent and they can search the whole house, without the need of a warrant. Your buddy is on probation, so they do not necessary need a warrant to search his room anyway. Technically, his probation officer has the right search his residence at any time.
If you have a big sign on your door that says "Private: DO NOT ENTER" this is a welcome sign to officers and also doesn't go over so well if you are over the age of 10.
To be safe, don't have anything illegal in your room.
2007-01-15 01:46:17 · answer #1 · answered by Anonymous · 1⤊ 0⤋
If the police come to your home for a search based on something to do w/your roomate and his/her probation order, they already have probable cause, which means they probably already hav a warrant. So what ever is put in the warrant is what they may search, unless they find more probable cause to search further. If you deny them the right to search, be prepared to wait with an officer while another phones 911 dispatch, who then phones the judge who issues another warrant for a further search. If you deny them the right to search (even though it's one of our constitutional rights) you just made them suspicious. Your best bet is get rid of the roomate, or whatever illegal items you store in your room.
Information provided by Circuit Court Judge in my county.
2007-01-18 20:46:54 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The search warrant only extends to those areas which you and your roommate share as well as his room. It does not cover your room unless probable cause was established that convinced a judge to include your room.
If the warrant is written to include your room then you have no recourse. A search will be conducted and anything derogatory that is discovered will have to be addressed in court by your attorney. For example, should your room be searched subsequent to being written into the warrant and you are charged for a crime then it will fall to your attorney to argue the validity of the warrant and the possible exclusion of any evidence against you.
If they don't have a warrant and are searching based upon a 4th waiver or his probation status then no, they cannot search your room.
2007-01-15 01:49:52 · answer #3 · answered by deus ex machina 3 · 0⤊ 0⤋
If they have a search warrant, the search warrant will state very specifically what they are searching for and the areas that they are allowed to search. Any evidence that is found in an area not specifically covered in the search warrant is inadmissible in a court of law because it violates both your rights and the conditions of the warrant. You then have the option to initiate litigation against the searchers for "Illegal Search and Seizure."
If they show up without a warrant, you don't even have to let them in your house. That's what the 4th Amendment is all about.
2007-01-15 02:03:53 · answer #4 · answered by Team Chief 5 · 0⤊ 0⤋
No legally they can't, but I have never met an honest cop. They will search your room without your consent and turn around and say you gave consent. So don't rely on the law to protect your rights of privacy, your room mate is on probation you have no rights at all in your home. I don't care what anyone says. These days no one has any rights in their own hone, they can come in your house and search without a warrant, just on reasonable suspicion, they are called warrantless searchs. So all a cop has to say is that he had reason to believe, and it's all good. Never trust a cop.
2007-01-15 03:12:12 · answer #5 · answered by julie r 1 · 0⤊ 1⤋
PROBATION 101 yes they have the legal right to search the whole house if the person that is on probation lives at that house then the house is fair game. it don't matter if they have a warrent or not.
2007-01-18 14:45:13 · answer #6 · answered by nscar_fan_3 2 · 0⤊ 0⤋
A Search Warrant is needed. Learned from CSI. :) unless a special situation overrides the Search Warrant.
2007-01-15 04:58:09 · answer #7 · answered by Anonymous · 0⤊ 0⤋
yeah, they will more than likely have a search warrant and search the entire home. My husband works at a prison and a guy he works with went to jail and lost his job because his roommate had a dimebag of weed, which is almost nothing, but most places still take it seriously.
2007-01-15 01:46:54 · answer #8 · answered by ~~kelly~~ 6 · 0⤊ 0⤋
Nope. Your roommate is agreeing to have his (her?) living spaces searched as a condition of probation. Your room is yours. Unless you authorize it, they shouldn't be rooting around in there.
I would suggest that you make it clear to the authorities and to your roommate that NEITHER is to enter your room. Your roomie-on-probation shouldn't be using your room to store contraband.
2007-01-15 01:46:28 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Why would you even entertain the notion of having a roommate that was on probation?
2007-01-15 09:58:31 · answer #10 · answered by Sgt Pepper 5 · 0⤊ 0⤋