I am on probation for DWI first offense (BAC .15 or higher) and understand that a probation officer may come to my house and search, even though I'm hearing the chances of that are minimal. My roommate is curious if his items, room, safes can be searched. We are both on the lease at the apartments. We share our bedroom, closet, restroom, areas but have separate lock boxes and safes to protect our valuable items. Can probation violate my roommates 4th amendment right?
I like Attorney Beatty's analogy of being in a cell with larger walls. I believe I earlier shared my analogy of moving home with a step mother who doesn't like you.
Whether they can legally search his property is a question you never want to need the answer to. Assume that they will and act accordingly. That does not mean agreeing or consenting to such searches. If he has property he doesn't want the police to see, he shouldn't have it at your home.
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Your room mates 4th amendment rights only extend as far as he can protect himself and so living with you makes his rights less enforceable. His lock box and safe-clearly marked as his only-might slow cops down but they might disregard such signs and open them anyways. All that to be worked out in court, after much trouble and expense. If you think of probation as "being in jail" [with walls farther away than other jail cells], you would realize that your cell is his also. Bottom line, he has reason for concern and should either give up illegal substances or move out to his own private apartment.
There may be certain issues, particularly regarding searching his safe. That's because it is not soemthing that you have access to. However, he is in a difficult situation.
