Re: Probation Search of Non-Probationer Area
so she has another residence, with proof of such such as that is where her clothes are, all her personal possessions, where her car is registered to and where her license indicates?
1. My uncle's ex-girlfriend does not live at with him. She did also stated to the police that she did not live there. Their response was they she has been receiving mail at the address and that was sufficient proof of residency (her name is not on any utility bills, rental agreements or any other resident related debts).
anyplace in her residence that she has access to is fair game for the search. Since she was leaving unc's room, that make it fair game. Were there any rooms in the house that were locked with no access to the girl?
2. The officer's, while determining in their minds that she must live someplace regardless of the statements to the contrary by my uncle and his ex, decided that because she was observed stepping from his room, that the whole house was subject to search (which they did with Nazi like zeal).
no. it is any area she has access to. If it was as simple as designating a space, then all a crooked proby would have to do is keep all their illegal items in a room they do not designate as their space.
however, that search while in a residence applies to the area that the person has designated as theirs.
nope. If she lives there, they are subject to be subjected to the intrusions due to her living there.
The other residents are entitled to their civil rights and peace of mind that they aren't going to be subjected to unreasonable and unwarranted harassment.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.