Can the Police Use Overnight Guest's Probation as a Basis for a Search
My question involves search and seizure law in the State of:California
Situation: a friend was told by his parole officer that he was now off parole and free for first time in 16 years. He stayed with me occasionally as a guest, sometimes a couple times or more a week, and he was never asked for any rent or anything, and he did not get any mail delivered to my place, he had his own residence where his mom also stayed.I started seeing a plain clothes cop car cruise my street and called him and asked if he knew anything about it. He said no, and that he'd come by and see what's up. When he arrive on my block he was held and detained outside and down the block from my residence, never coming inside once he was detained. WHen I came out to escort another friend to his car we were both detained outside. I was told friend #1 was on a search and seizure probation outside of my county, and asked if he stayed with me. I said occasionally, why? Cops sad since he stayed with me and has a search & seizure probation that they were going to search my place. I didn'yt know any better and they came inside with me and asked where my friend stayed...I cooperated and told them which room and a couple went there while the lead gal grilled me in my living room and made me sign a search waiver to search my room...STUPID I know, and didn't know any better..
They search his other residence and found some bags of illegal meth, small, weighed less than an ounce altogether, and charged us together for that and paraphernalia found at my place.
QUESTION: If my friend was stopped outside and never crossed the threshold after being detained, and he was on a probationary search and seizure and since he never entered my residence, doesn't the search only pertain to his person outside and only to a residence or room where he lives where he lives no matter what they might assume? He never got mail there, nor paid any rent, just stayed over sometimes when his mo got on his nerves. Was this proper and am I screwed since I stupidly signed a release to search form?
Re: Can the Police Use Overnight Guest's Probation as a Basis for a Search
The issue now really isn't that your friend's parole officer sought to search your premises because your friend was a frequent guest; the question is whether your consent to the search, which led to the discovery of the illegal items, was voluntary. You've not yet indicated any facts that would suggest that a court would find it involuntary; you should discuss your situation in detail with a criminal defense lawyer.