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In probations eyes, what makes an apartment a separate residence from a house? What qualifications does it have to have?

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I'm on felony probation in Putnam county New York. Right now I currently rent from my parents their basement "apartment". My question is, in probations eyes as far as searching your residence, what makes an apartment a separate apartment if it's attached to a house? The basement where I live has it's own entrance from the outside and bathroom, but no kitchen or shower. Is it still considered a separate residence from the rest of my families house, meaning probation could only search the basement where I rent? And if not, what would need to be added to it (walls, kitchen, etc) to make it a complete separate residence from the rest of the house so that only it can be searched and nowhere else in the house, just like if it was a single apartment in an apartment building.

2 Attorney Answers

Best Answer
It doesn't matter what probation thinks, it matters about the law and what a judge would think. If you don't have access to the main part of the house and can only enter the basement, ten probation would only be able to search the basement. If you do have authority to enter the main house then probation can search all common areas that you have access too.
Best Answer
Your question contains its own answer. A seperate residence is one that needs nothing more to sustain its occupants and does not allow free access to another residence. Even without a full kitchen, it can be complete, as many people either have microwaves or toaster ovens and small refrigerators. The biggest problem in the situation you outlined, is the free access to the rest of the house, where the shower and kitchen happen to be located.

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