Can law enforcement enter a residence( where a person ,staying at said residence is on probation) and for instance Force open without a warrant a locked Safe that belong to another resident who is not on probation? Can law enforcement ignore fouth ameendment rights because of probationer and search without warrant?
2007-02-08 13:24:09 · 10 answers · asked by allylbenzene 1 in Politics & Government ➔ Law Enforcement & Police
The answer is: Maybe.
It depends on the conditions set in the judgment.
In my county, the judgments typically state "The Defendant will allow the probation officer to visit you at home or employment, or as directed by the court."
What this means is when I conduct a field visit, I have permission to be there (so I am not trespassing). It does not mean I have searching rights. If I ask, "May I come in?" the probationer is more than in his/her rights to say no. Typically, people do ask me to come in. While I am in, I cannot search your home, however if I see something in plain sight (a bag of marijuana left on a coffee table, for example) I can sieze the bag. Typically however, probation departments request that we do not sieze items, as it may escalate the situation and place the probation officer in danger. Rather, I am to pretend I did not see it, leave and call the police and report it. By doing so, I have given them probable cause, and they can enter the premises and sieze the item.
On some judgments (such as sex offenders, etc) search rights may have been granted. Therefore the entire house may be searched as permission has been given by the probationer when he/she signed their judgment. This does include the property of roommates, just as a normal search warrant would (otherwise, the probationer would simply hide whatever items they wanted in their roommate's room). If the roommate does not like this, they need to realize that it is not the fault of the probation officer, but the probationer.
2007-02-09 06:10:13 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Here's the analysis. The Fourth Amendment protects (in this case) against unreasonable searches. The probationer has given up this right under the terms of his probation so he can be searched without probable cause and without a warrant. To determine the "scope" of the search, it will cover any place where he could himself give the police his consent to search. If he could legally "let" them search, then they can search there. Thus, it will cover his room, his areas, his car, his safe and it will also cover the kitchen, the living room and any of the common or shared areas where he has a right to be. In opening the safe, the police would have to have a reason to think it was his safe, or a safe he had access to and could let them search if he wanted to do so. All of that is legal. Searching the other resident's areas that are NOT shared violates THEIR rights.
2007-02-08 13:43:48 · answer #2 · answered by RangerEsq 4 · 1⤊ 0⤋
Yes and no. It comes down to access and control plain and simple. Seriously if you are allowing a person on searchable probation to live with you I'd reconsider. The vast majority of that residence is open for search. The only area that is really protected would be the areas of the house under exclusive control of the person who is not on probation, which from time to time can also be subject to search.
I know it does not answer your question, but it is situational. There is not black/white answer. There is gray and that is why the courts get involved to help with that. Most probation officers don't make a habit of violating a persons constitutional rights, they don't want to loose their job/career any more than you want to loose your job. Sure you may not like what they did, but chances are they had a legal reason to be doing what they did.
2007-02-08 15:50:39 · answer #3 · answered by Breacher 2 · 0⤊ 0⤋
Law enforcement can enter and search the residence, vehicle and property of a person on probation in my state. In my opinion, they cannot force open a locked safe belonging to another resident.
I'm assuming that something incriminating was found in the safe. Get a good lawyer and you should be able to get the evidence found in the safe suppressed.
2007-02-08 14:33:01 · answer #4 · answered by huduuluv 5 · 1⤊ 0⤋
No, but the probation officer might be able to do so; it may be a condition of probation to allow searches without warrants.
2007-02-08 13:27:24 · answer #5 · answered by Citicop 7 · 0⤊ 0⤋
A condition of the probation is that the cops can enter your home and search anything at anytime. If you live with this person this includes you. Don't like it then move out.
2007-02-08 14:12:21 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The courts have continuously held that youngsters have very few fourth change rights in colleges. scholars do not have the right to refuse searches. As to non-public colleges, the fourth change would not practice in any respect, because it in hardship-free words applies antagonistic to the authorities. the mothers and fathers of scholars probable conform to such searches at the same time as they signal up, and if the student refused, they could be subject to expulsion.
2016-12-03 22:28:30 · answer #7 · answered by ? 4 · 0⤊ 0⤋
no, not unlese the residence is leased under the persons name that is on probation
2007-02-08 13:27:00 · answer #8 · answered by glamour04111 7 · 0⤊ 0⤋
the law enforcement cant ignore the fouth amendment that would be breaking it and that would be unconstitutional.
2007-02-08 13:29:32 · answer #9 · answered by Anonymous · 0⤊ 0⤋
if it is in the terms of the probation
2007-02-08 14:00:15 · answer #10 · answered by goldfreeblue 3 · 0⤊ 0⤋