Can a probation officer search your roommates room in California?

The legality of probation searches of your home That said, the officer is only legally allowed to search the areas of the home that the person on probation uses. If there was a roommate then their bedroom and other private areas could not be searched.

Can my roommates Po search my room?

If you have a roommate, his or her room cannot be legally searched, but any of the rooms you use – your bedroom, the kitchen, the bathroom, the living room – could be legally searched without a warrant.

Can probation officer search your house in California?

According to a seasoned criminal attorney Rancho Cucamonga, CA, a probation officer cannot search your home without a warrant or without your consent if you are on informal probation.

What is a 4th Amendment waiver?

These “fourth waiver” searches are often based on the theory that a parolee or a probationer has consented in advance to waiving his or her constitutional rights to be free from searches and seizures without a warrant and without probable cause.

Can the police search your house if you have a roommate?

Assuming they have the consent of the only roommate who is present, the police may normally inspect all parts of the home that he or she uses. So, they can search any part of the premises the consenting party occupies (such as that person’s private room) and any areas of the home where all roommates or tenants have access.

What parts of the house can a landlord search?

So, they can search any part of the premises the consenting party occupies (such as that person’s private room) and any areas of the home where all roommates or tenants have access. Shared areas generally include places like the living room and kitchen.

Can the police search my Home if two occupants are present?

If two occupants are present, one consents, and the other objects, the police usually can’t search the residence. Physical presence is key, however: The Supreme Court confirmed in 2014 that the objecting occupant must be present in order to prevent the search. ( Georgia v.

Are the officers allowed to come into the apartment?

The officers aren’t allowed to come into the apartment. Example 3: After speaking with Wallace and Bodie and determining that they can’t search the apartment, the officers leave. Two hours later, they come back and knock again. Bodie has stepped out from the apartment since they were last there, so Wallace is the only one home.