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mcastra · Oct 29, 2009, 06:53 PM

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?

twinkiedooter · Oct 29, 2009, 07:02 PM

The first part of your question is yes. The second part of your question is yes as well.

excon · Oct 30, 2009, 05:47 AM

Hello m:

Twink is right about the second part of your question. I think she's wrong on the first part, though.

excon

twinkiedooter · Oct 30, 2009, 07:51 AM

The part about them coming in without a warrant is because 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.

excon · Oct 30, 2009, 08:11 AM

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

earl237 · Oct 30, 2009, 11:38 AM

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.

JudyKayTee · Nov 3, 2009, 06:45 AM

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?

excon · Nov 3, 2009, 07:02 AM

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

JudyKayTee · Nov 3, 2009, 08:50 AM

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 - ?