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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 01-30-2003, 04:16 PM
princessdust
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Question

probation search CA


What is the name of your state? california
i rent in a residential hotel-been there since sept 9,2002
my boyfriend stays sometimes with me- he is on probation w/search and seizure clause- his name is not on apartment- can they bust the front door down ( no warrant) and search my place, my body, my locked lockbox when he is not there? I have never been in trouble- no probation, search and seizure, etc. on me.
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Old 02-01-2003, 01:27 PM
GKris
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I just knew there was more to this...The answer is Yes. If he is on parole/probation there is a standard clause that allows entry and searches of him and his premises at any time. He does not have to be there. He also agreed to this when he accepted the parole/probation, he did not have to. Of course he would still be locked up, but it was his choice.

As far as his name being on the rental agreement to your room, it does not need to be. I am not sure what the requirrements to establish residency are in california, but he had to have listed your address as his home maybe gets mail there, or stays over enough to make the lay person believe he lives there.

If he passes off your home as the place he lives, weather it be a few nights a month or everyday, and you do not object ot correct the information passed - then he lives there.

As far as searching you and your body, Yes they can. I doubt they are doing anything like a body cavity search, but a protective patdown or asking you to empty your pockets is legal. Did the cat get searched too?
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