Probation Search

[AnotherCriminal]

Can a search and seizure be made if a probation officer enters the probationer's home (Owner of the house) if the probationer has missed an appointment or 2, then search the room of the probationer's roommate extensively (ei.Dressers,Nightstand..)? I’m the roommate.

Facts:
1) Roommate pays rent, nothing in writing, but the Owner can testify
2) There was nothing in plain sight
3) P.O claims to smell weed in the room immediately upon entering the house (living room)...even though none was smoked in the house, but we smoke cigarettes
4) Did not ask for the roommates consent when P.O entered the room...He was still in bed (Morning)
5) Finds drugs in the probationer's roommate's room (Dresser)
6) Then calls the police after finishing searching the room.
7) P.O did not find anything in the rest of the house

I need some serious answers…..State of Pennsylvania

 

[vicjm]

Without specifically referring to PA law, I would imagine that the probationer's agreement would have some effect. A lot of times those agreements will include a provisions that goes something like "Probationer consents to a search of his residence upon any breach of this agreement." Most likely, missing even 1 appointment would constitute a breach of his probation. Under these assumptions, I would bet that the initial search of the house was legit.

The second part is a little tougher, and I don't know what to tell you. One argument would be that you are an undocumented person just living in his house (i.e. he is not officially your landlord). This would mean that your room is legitimately searchable. This is the weak point of the case though, so I would definately have your lawyer take a look at this angle.

 

[AnotherCriminal]

Help

If anyone else has anything else they can add I would really appreciate it.