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HuAi

Member
His parole officer has stated that I can not have any alcahol stored in my private room and that he has full authority to seach everything I own.
Can someone clarify this for me - maybe Carl? While it's true that the parolee cannot live in a house where alcohol is stored, what legal restriction does the OP have not to store alcohol there? Even if PO has legal authority to search OP's bedroom for contraband, my understanding is that OP is under no limitations to possess alcohol, and would not suffer any consequences for violating the terms of his roommate's parole. Parolee may get hit with a violation though.
 


CdwJava

Senior Member
Can someone clarify this for me - maybe Carl? While it's true that the parolee cannot live in a house where alcohol is stored, what legal restriction does the OP have not to store alcohol there?
Laws may vary by state. I cannot speak for your state, only California's. Out here not every parole condition prevents the presence of alcohol, this is a very particular and specific condition of parole.

The OP can certainly store his alcohol there. However, the OP's parolee/probationer roommate could be arrested for its presence. A lot depends upon who might be the primary resident. if the OP is the lessee, then he can essentially force the probationer/parolee out. If the other way around, the OP may be forced to comply or the lease could be abrogated. There may be some other mechanism whereby the OP's state can put a co-tenant on notice that so long as he lives with the probationer/parolee that he must adhere to certain rules. I do not know. Out here if we find the booze in the frig, the probationer/parolee might be hooked up and taken away. He then has to decide where he wants to live because apparently his roommates do not care about his freedom.

Even if PO has legal authority to search OP's bedroom for contraband, my understanding is that OP is under no limitations to possess alcohol, and would not suffer any consequences for violating the terms of his roommate's parole. Parolee may get hit with a violation though.
Yep.
 
I'm sorry Carl but I cannot believe a person has somehow given up their rights simply by being associated with a probationer. It goes beyond all reason as a violation of that persons rights and subjects them to a search without PC.
Because you have "I still believe the propaganda that I have rights" disease. It's curable though.

OP, hopefully you have some right to remain in that residence. If you do you must live like fort knox or they can pretty much pillage your whole life. You can have alcohol. Homeboy might go back to prison though, if he has access to it and thats his parole condition.
 
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justalayman

Senior Member
=StevenJ_420Law;2595005]Because you have "I still believe the propaganda that I have rights" disease. It's curable though.
Now, I said I have to do some reading before I comment anymore on this and I shall stick to it other than to say; I have not read enough of the info Carl provided and associated info found through research but I still, at the moment, suggest the innocent resident has a right to claim his constitutional rights.

but within this (from Carls post) there is a glimmer of hope for my position:

Example: Officer could not search a "female" purse located on the floorboard in front of the passenger seat when the driver was male and the passenger was female solely on the basis of the driver's parole search condition. The court found "nothing to overcome the obvious presumption that the purse belonged to the sole female occupant of the vehicle who was not subject to a parole-condition search. (Baker (2008) 164 Cal.App.4th 1152, 1159-1160.) (Note that this decision is inconsistent with existing precedent in its analysis and reasoning.)
It did not address whether the probationer had access to the purse but since it was obviously the private property of the innocent party, there was no right to search the purse. and yes, I did bold that last sentence.

I'll be back another time to comment. I need to seek information.
 

davew128

Senior Member
Carl, Is it unfair hijacking to ask at this point the difference between parole and probation?
Probation is a function of the courts and therefore the judicial branch.

Parole is a function of the corrections department and the executive branch.
 

CdwJava

Senior Member
Carl, Is it unfair hijacking to ask at this point the difference between parole and probation?
From this (Freeadvice) site:

Probation is a sentence ordered by a judge, usually instead of, but sometimes in addition to, serving time in jail. It allows the convicted person to live in the community for a specified period of time, sometimes under the supervision of a probation officer, depending on the circumstances and the seriousness of the crime.

Parole is the conditional release of a prison inmate after serving part (if not all) of his or her sentence, allowing the inmate to live in the community under supervision of the parole period. The decision to grant parole is the responsibility, in a majority of states, of a board of parole or commission. Violation of the conditions of parole result in revocation and re-imprisonment.
 

CdwJava

Senior Member
Now, I said I have to do some reading before I comment anymore on this and I shall stick to it other than to say; I have not read enough of the info Carl provided and associated info found through research but I still, at the moment, suggest the innocent resident has a right to claim his constitutional rights.
Of course he does, and I never claimed otherwise. However, depending on the status of the law in the OP's state, he may find that the P.O. will conduct a search anyway and then he will have to deal with the consequences of the search or his refusal to permit it.

The roomies of probationers and parolees sometimes have some tough decisions to make.
 

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