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AnotherCriminal

Junior Member
What is the name of your state? PA

Can a probation officer search the room of a roommate that is not on probation?

Ther person on probation owns the house....the roommate pays rent to live there...and the probation officer did not have a reason to search the house but got permission from the owner (the person on probation)....she entered the roommates room knowing it someone elses room and did not ask me if she could search....she searched dressers and all, then stumbled upon the encriminating eveidence.

I need all the serious answers I can get.
 


HomeGuru

Senior Member
AnotherCriminal said:
What is the name of your state? PA

Can a probation officer search the room of a roommate that is not on probation?

Ther person on probation owns the house....the roommate pays rent to live there...and the probation officer did not have a reason to search the house but got permission from the owner (the person on probation)....she entered the roommates room knowing it someone elses room and did not ask me if she could search....she searched dressers and all, then stumbled upon the encriminating eveidence.

I need all the serious answers I can get.

**A: yes, is that serious enough? And seriously, you need better spelling of words such as incriminating and evidence.
 

CRJ student

Junior Member
CRJ student

I sense that you 'assumed' the probation officer would not go into this room, therefore you deposited your I-N-C-R-I-M-I-N-A-T-I-N-G E-V-I-D-E-N-C-E
in the dresser. Next time, try someone else's house or better yet here is a very serious answer to your problem--don't violate your probation.
 

AnotherCriminal

Junior Member
I didn't think that the probation O. had the right to even search my room the way she did....maybe look around, but certainly not search the drawers of the dressers and nightstand and under my mattress without my permission. I'm not the one on probation....I do have the right to privacy under the 4th amendment. something sounds fishy to me
 

Kerri K

Junior Member
AnotherCriminal said:
I didn't think that the probation O. had the right to even search my room the way she did....maybe look around, but certainly not search the drawers of the dressers and nightstand and under my mattress without my permission. I'm not the one on probation....I do have the right to privacy under the 4th amendment. something sounds fishy to me

You are correct. As the person who exclusively resides in the room, the government does not have a right to search your room without your consent, a warrant or under exigent circumstances. Though I will concede I am not sure if a house being owned by a person on probation is subject to different rules.

I would hire an attorney and make the prosecution prove the probation officer's search was lawful. Based on what you wrote, if the probation officer tells the truth, the evidence she seized will be ruled inadmissible at a trial.

You should definitely invest in a MAPP hearing.
 

Shay-Pari'e

Senior Member
Kerri K said:
You are correct. As the person who exclusively resides in the room, the government does not have a right to search your room without your consent, a warrant or under exigent circumstances. Though I will concede I am not sure if a house being owned by a person on probation is subject to different rules.

I would hire an attorney and make the prosecution prove the probation officer's search was lawful. Based on what you wrote, if the probation officer tells the truth, the evidence she seized will be ruled inadmissible at a trial.

You should definitely invest in a MAPP hearing.

You would be wrong in your above comment.

Care to show some case laws backing it up?



(QUOTE)Though I will concede I am not sure if a house being owned by a person on probation is subject to different rules. (QUOTE)

Well you got something right.
 

AnotherCriminal

Junior Member
I got my discovery on my case the other day.....the probation officer is now saying that the drugs found in my room was in plain sight on top of my dresser, when in fact she searched my dresser drawers and found it. I have 2 other people that were there that can testify for me. So it would seem by her own actions the she had no right to search my room........What do u think.
 

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