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Question
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Oct 29, 2009, 06:53 PM
| | New Member  | | Join Date: Oct 2009
Posts: 1
| | | Probation & rights of others
If I'm in the house of someone on probation & officers come in without a warrant, do they have the right to search my personal property. Or if I picked up a hitchhiker & they were on probation & had on their person a pound of illegal drugs & I got pulled over for an traffic violation & they searched him because he was on probation, does that put me in danger of committing a crime?
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Answers
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Oct 29, 2009, 07:02 PM
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#2
| | Über Member
Join Date: Jan 2008 Location: Shoveling snow from my driveway into your driveway.
Posts: 8,336
| The first part of your question is yes. The second part of your question is yes as well. |
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Oct 30, 2009, 05:47 AM
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#3
| | | Expert
Join Date: Aug 2005 Location: On the outside
Posts: 13,297
| Hello m:
Twink is right about the second part of your question. I think she's wrong on the first part, though.
excon | |
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Oct 30, 2009, 07:51 AM
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#4
| | Über Member
Join Date: Jan 2008 Location: Shoveling snow from my driveway into your driveway.
Posts: 8,336
| The part about them coming in without a warrant is due to the fact that the probationer already signed such a consent when he was put on probation - the permission to search the dwelling he lives in. Which means that if he's secreted something in another person's belongings, they can and will be able to look every where in that dwelling if they so choose to do to find anything that's not supposed to be there. It would be too easy for the person on probation to just stash something of theirs in the innocent roomie's things to avoid discovery by the PO. | |
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Oct 30, 2009, 08:11 AM
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#5
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Join Date: Aug 2005 Location: On the outside
Posts: 13,297
| Quote:
Originally Posted by twinkiedooter  The part about them coming in without a warrant is due to the fact that the probationer already signed such a consent when he was put on probation - the permission to search the dwelling he lives in. | Hello again, twink:
I don't disagree that the probationer has given up HIS rights. I just don't think that by giving up his rights, he gave up his roommates, and/or his visitors rights too.
excon | |
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Oct 30, 2009, 11:38 AM
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#6
| | Full Member
Join Date: Apr 2007
Posts: 353
| Even if you're not on probation, picking up hitchhikers is never a good idea, you never know if the person is mentally ill, on drugs or potentially violent. | |
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Nov 3, 2009, 05:45 AM
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#7
| | | Expert
Join Date: Oct 2007 Location: NY State
Posts: 18,299
| Quote:
Originally Posted by excon Hello again, twink:
I don't disagree that the probationer has given up HIS rights. I just don't think that by giving up his rights, he gave up his roommates, and/or his visitors rights too.
excon |
You sure about this, Excon? If I am visiting at your apartment and a search is authorized, I do believe it covers "me." Maybe just in NY - ?
The Police could, for example, search my purse simply because it's at your apartment and you've given consent or a warrant has been issued.
No? | |
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Nov 3, 2009, 06:02 AM
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#8
| | Expert
Join Date: Aug 2005 Location: On the outside
Posts: 13,297
| Quote:
Originally Posted by JudyKayTee You sure about this, Excon? | Hello Judy:
No, of course not.. But, it's not black or white, either...
What I DO know, is if it were ME in that house, I have a right NOT to be searched without a warrant. I don't think it matters WHERE I am, or even if I've been put on notice that a probationer lives in the house I happen to be visiting.
If I had contraband, would the search hold up in MY case? I don't think so. Do you? Would it hold up in the violation of probation case against the probationer?? Maybe.
In my view, Constitutional rights are sacrosanct. You don't lose 'em because of where you happen to go.
excon | |
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Nov 3, 2009, 07:50 AM
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#9
| | Expert
Join Date: Oct 2007 Location: NY State
Posts: 18,299
| Quote:
Originally Posted by excon Hello Judy:
No, of course not.. But, it's not black or white, either...
What I DO know, is if it were ME in that house, I have a right NOT to be searched without a warrant. I don't think it matters WHERE I am, or even if I've been put on notice that a probationer lives in the house I happen to be visiting.
If I had contraband, would the search hold up in MY case? I don't think so. Do you? Would it hold up in the violation of probation case against the probationer?? Maybe.
In my view, Constitutional rights are sacrosanct. You don't lose 'em because of where you happen to go.
excon |
Okay. When I come over I won't bring my purse, just in case.
Interesting point of view. I wonder - ? | |
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