2007-07-15 13:14:29 · 12 answers · asked by jmattiace29 1 in Politics & Government ➔ Law Enforcement & Police
This is the way this works.
If an Officer wants to search a dorm room or an apartment and only one person is present and/or only one person living there grants consent then the Police can only search:
1). The common area shared by both roommates, and
2). the part of the residence "belonging" to the one consenting resident.
They can't search the part of the residence dominated by the other roommate (i.e. that roommate's bedroom, bath, etc.).
If the Police have a warrant for the apartment then the entire residence is fair game.
I can scare up some case law if you want.
2007-07-15 14:05:04 · answer #1 · answered by El Scott 7 · 1⤊ 2⤋
They police should be able to search any area normally accessible to your roommate. If you have a specific room that is yours alone and your roommate does not have normal access to it, then they cannot search it. If your roommate has access to the entire home, then yes, they can search anywhere.
Personal items apply only to those in your personal room. If your have a safe in his room or common area, it is fair game.
2007-07-15 20:36:15 · answer #2 · answered by M S 2 · 0⤊ 1⤋
Scott's correct. Police can search common areas and areas that are primarily under the control of your roommate. They cannot search your room and particularly containers that are yours and strictly under your control without probable cause and/or a warrant.
My advice, get a roomie who's not on probation.
2007-07-15 21:36:57 · answer #3 · answered by Anonymous · 0⤊ 1⤋
I "heard" that there is a new law that goes something like this:
police show up at your door. They ask to come in to search.
You are not there but your room mates are. Your room mates can say NO. Even if it is your home and not the room mates.
Same thing goes for when your not there but your room mate is. All parties living under one roof has to be there to agree to a search. If I am wrong, my internet buddies here will tell me so. But after all, I live in California and alot of strange laws exist here.
2007-07-15 20:23:10 · answer #4 · answered by katsride 2 · 0⤊ 2⤋
yes they may because you live with a person who is on probation . I lived with an ex that was on probation and the police were looking for him they searched my vehicle and I was told that is quite legal because you choose to live with someone on probation . good luck .
2007-07-15 20:23:33 · answer #5 · answered by Kate T. 7 · 1⤊ 1⤋
Yes, if roommate gives them permission to enter or they have a search warrant.
2007-07-15 21:00:55 · answer #6 · answered by beez 7 · 1⤊ 0⤋
No! Unless you two share a room. Police can only search the probationer's room and common rooms, ie... kitchen, bathroom, etc...
2007-07-15 22:28:08 · answer #7 · answered by Gracie W 1 · 0⤊ 1⤋
Yes, the PO, can search the entire residence, where your roomate lives. That means your stuff , too.
2007-07-15 23:24:38 · answer #8 · answered by Norskeyenta 6 · 0⤊ 0⤋
"roommate" or "mate"? If you are refering to a live-in then community property search rules apply.
If no romance is involved, your space is off limits unless contraband is reasonably visible from "their" space.
my advice, find a better room mate.
2007-07-15 22:21:28 · answer #9 · answered by John 3 · 0⤊ 1⤋
Only if you both live in the same room. Your room is off limits, but the rest of the place is fair game.
2007-07-15 20:22:33 · answer #10 · answered by Anonymous · 0⤊ 2⤋