"Common Ground" Parole Search

[controlfreaksdisgustme]

My question involves search and seizure law in the State of: ca.
exactly where can authorities search when a parolee resides with persons that are not felons or on any form of probation? can they enter & search a private bedroom that the parolee has no access to? exactly what determines accessibility? if authorities search rooms obviously NOT common areas, exactly how far can they take the search? after determining there was no threat to thier lives can they proceed to just find items in plain view? can they open drawers & go through them?

thanx for any anti-tyranny responses

[cdwjava]

exactly where can authorities search when a parolee resides with persons that are not felons or on any form of probation? can they enter & search a private bedroom that the parolee has no access to? exactly what determines accessibility? if authorities search rooms obviously NOT common areas, exactly how far can they take the search? after determining there was no threat to thier lives can they proceed to just find items in plain view? can they open drawers & go through them?

They can search anywhere they have reason to believe the parolee has access to. If there is the remotest belief that the parolee has access to a room, that could justify a search of the room.

From CPOLS:

People who live with probationers/parolees cannot "reasonably expect privacy" in shared areas of the residence. (Pleasant (2004) 123 Cal.App.4th 194, 197.) Thus, an objection of the cotenant (roommate, spouse, etc.) cannot prevent you from conducting a search of the shared areas. However, you cannot search areas that are occupied or controlled exclusively by the cotenant. You must limit your search to those areas exclusively occupied by the probationer/parolee or those areas that are jointly occupied by the probationer/parolee and the cotenant.

As for a specific item, you need some basis for thinking it belongs to or is under the control of the probationer/parolee in order to search it. This basis may be supplied by the surrounding circumstances. (Britton (1984) 156 Cal.App.3d 689, 700-703; Baker (2008) 164 Cal.App.4th 1152, 1159.)

If they find contraband not belonging to the parolee, the person owning it or whose property was searched can seek to have it excluded at his or her trial.

The long and short of it is that if you choose to live with a parolee, you run the risk of being searched.


- Carl

[controlfreaksdisgustme]

thank you for the the info... this is very important & i want to be sure i understand... ok , i do get the part how my room can be searched because with a parolee wandering the premises, authorities may feel he had access... so therfore my right to privacy i should not expect... say they did find contraband in my room, in a closed drawer... then filed possession charges against me... what then? you went on to say that i could "seek" to have this evidence excluded at my trial... is that up to the judge to decide? when you say "seek", it sounds to me like it may, or it may not be excluded depending on what side of the bed the judge woke up on... this is what im getting at... these details are important & i really do appreciate your time & honesty in answering. thank you

[cdwjava]

thank you for the the info... this is very important & i want to be sure i understand... ok , i do get the part how my room can be searched because with a parolee wandering the premises, authorities may feel he had access... so therfore my right to privacy i should not expect... say they did find contraband in my room, in a closed drawer... then filed possession charges against me... what then?

You hire an attorney and he tries to make a motion for an unlawful search. He might prevail, he might not. It will depend upon what the prosecution can articulate as good cause to search your drawer for the parolee's stuff ... then, of course, if they were searching for HIS stuff, why did they charge YOU? If the court believes they were doing an end run around consent or the need for a search warrant to search your room, the court will suppress the evidence.

the best way to avoid the question is to have no one on probation or parole living with you. Lacking that, put a lock on your door that only YOU have the key to.

you went on to say that i could "seek" to have this evidence excluded at my trial... is that up to the judge to decide? when you say "seek", it sounds to me like it may, or it may not be excluded depending on what side of the bed the judge woke up on...

Kinda sorta. It depends on the articulation of the officers and the interpretation of the judge.

this is what im getting at... these details are important & i really do appreciate your time & honesty in answering. thank you

In general, no 4th amendment issue is going to have a black and white answer. Each instance must be evaluated under its own unique set of circumstances. So, no one can give you a bright line rule on this. The best way to avoid getting rolled up on a roomie's parole search is to put a lock on the door and make sure that the parolee and his friends do not have access to a key. But, if you had a lock on your door, and the parolee had the key to the door in his possession, then that argument goes away.

- Carl

[controlfreaksdisgustme]

recently i went to a preleminary hearing with a public defender for representation... he didn't push the issue like i wanted him to... i explained what you said about searching my room for things that must be the parolee's. because otherwise they did an illeagal search. all he did was to get my charges reduced from a felony to a certified misdemeanor. at first he tried to get me to plead guilty & take an 18 month program... he and the judge were surprised that i stood my ground. at this point i think i may need a real attorney to get this evidence suppressed... i asked the public defender to ask the judge for a discovery packet... he didnt... i think he acts like he's on my side but when the court day is done they,(meaning the judge, the D.A. & the public defender) all go out to dinner somewhere, & laugh at us common folk for our ignorance & gullibillitty. what do you think?

[cdwjava]

i explained what you said about searching my room for things that must be the parolee's. because otherwise they did an illeagal search.

Unless, of course, they had some other good cause to search your room.

all he did was to get my charges reduced from a felony to a certified misdemeanor.

What KIND of charges? And I'm curious what you mean by "certified" misdemeanor. There are infractions, misdemeanors and felonies, nothing "certified".

at first he tried to get me to plead guilty & take an 18 month program... he and the judge were surprised that i stood my ground. at this point i think i may need a real attorney to get this evidence suppressed...

A public defender IS a "real attorney". If you don't want to take the deal, then go to trial.

i asked the public defender to ask the judge for a discovery packet... he didnt... i think he acts like he's on my side but when the court day is done they,(meaning the judge, the D.A. & the public defender) all go out to dinner somewhere, & laugh at us common folk for our ignorance & gullibillitty. what do you think?

I doubt they all go out to dinner. Yes, they likely hang in som eof the same circles, but that might be unavoidable.

Besides, your attorney almost certainly already has received discovery from the DA ... that includes the report, etc.

- Carl

[controlfreaksdisgustme]

at 1st the judge denied his request to lower the charges... but after thinking it over a minute, setting my next court date, etc... the last thing the judge mumbled, under his breath, was that he agreed to lower the charges. he said "your client is misdemeanor certified" with an attitude like he really didnt want to... i dont know what certified means either... maybe a lower juristiction?
my charges are possession of a small amount of two kinds of contriband, i dont want to go into details here. but the amount of one of those was just over what they consider to be a misdemeanor amount.
and yes there was something else going on here... from what i gather someone was accusing me of being involved in some sort of burglary... its a long story but i can tell you that im not a criminal, i dont have a criminal history to speak of except a DUI from like 12 years ago. im a finish carpenter/painter with over 20 years exp. the officers that searched my room realized that i was harmless & then proceeded to return to apologize the very next day... crazy...

[cdwjava]

"your client is misdemeanor certified" with an attitude like he really didnt want to... i dont know what certified means either... maybe a lower juristiction?

What charge?

The DA can file as a misdemeanor, but I do not think the judge can arbitrarily drop the offense from a felony to a misdemeanor ... but, maybe he can. I've never seen it, but maybe he can.

my charges are possession of a small amount of two kinds of contriband, i dont want to go into details here. but the amount of one of those was just over what they consider to be a misdemeanor amount.

Fine, what are the code sections? There are different types of drugs with different offenses and penalties .. it matters.

its a long story but i can tell you that im not a criminal,

So whose dope was found in your room when they did a parole search? Someone hid their stash in your room? That would only prove that the parolee had access to your room if mystery people did.

the officers that searched my room realized that i was harmless & then proceeded to return to apologize the very next day... crazy...

That's odd ... if they came back to "apologize" I imagine they also asked you a bunch of questions about the dope, the people there, etc. I doubt they came over just to "apologize".

- Carl

[controlfreaksdisgustme]

yes, apologize, & only to apologize.... as they should have.
authorities should not over step thier bounds & try to take advantage of average citizens. protect & serve, not try to criminalize people who thought they were safe from intrusion in thier own home. if they suspect wrong doing, they need to get warrants, period. its been a pleasure chatting with you carl, remember the constitution & bill of rights are what made this country free. take care

- matt