Probation Searches and Implication

[haxt]

I live in Wisconsin.

I am on probation.

I understand that the police or my probation officer can search where I live any time they like. Can they search the premises of anywhere that I do not 'live' as shown on my state ID? If I spend a lot of time at a friend's house do they have the right do search these premises? If not will they be able to obtain a search warrant based upon my presence as well as my history?

For example, if I am suspected of a crime, but a search of my own living quarters is negative, can they obtain a search warrant based on the fact that I have been staying with a friend? Or that I visit there regularly, and they have no criminal history?

Thanks for your help.

Originally Posted by haxt

I live in Wisconsin.

I am on probation.

I understand that the police or my probation officer can search where I live any time they like. Can they search the premises of anywhere that I do not 'live' as shown on my state ID? If I spend a lot of time at a friend's house do they have the right do search these premises? If not will they be able to obtain a search warrant based upon my presence as well as my history?

For example, if I am suspected of a crime, but a search of my own living quarters is negative, can they obtain a search warrant based on the fact that I have been staying with a friend? Or that I visit there regularly, and they have no criminal history?

Thanks for your help.

What kind of a friend are you to put your friend in this position?

[haxt]

I haven't put my friend in any position, as I haven't committed any crimes, and to the best of my knoweledge I am not a suspect in a crime.

I'm just trying to make sure that I don't put her into any situation that isn't neccassary. I've never been on probation before so I'm not exactly sure how all of it works legally, that's all. She lives about 45 minutes away and its a hell of a drive all the time. Sometimes I stay there for a couple days at a time.

Originally Posted by haxt

I haven't put my friend in any position, as I haven't committed any crimes, and to the best of my knoweledge I am not a suspect in a crime.

I'm just trying to make sure that I don't put her into any situation that isn't neccassary. I've never been on probation before so I'm not exactly sure how all of it works legally, that's all. She lives about 45 minutes away and its a hell of a drive all the time. Sometimes I stay there for a couple days at a time.

Wait for someone with a better understanding to come along but [URL=http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=483&invol=868]read this [/URL] while you are waiting. It addresses the probationers residence but it also discusses the special needs of a probation officer and the concern for the safety of the citizens. I'm going to take a guess and say that they could find a way to search her home if they need to.

In particular I'm basing my assumption on this part:

"a) Supervision of probationers is a "special need" of the State that may justify departures from the usual warrant and probable-cause requirements. Supervision is necessary to ensure that probation restrictions are in fact observed, that the probation serves as a genuine rehabilitation period, and that the community is not harmed by the probationer's being at large. Pp. 873-875.

(b) The search regulation is valid because the "special needs" of Wisconsin's probation system make the warrant requirement impracticable and justify replacement of the probable-cause standard with the regulation's "reasonable grounds" standard. It is reasonable to dispense with the warrant requirement here, since such a requirement [483 U.S. 868, 869] would interfere to an appreciable degree with the probation system by setting up a magistrate rather than the probation officer as the determiner of how closely the probationer must be supervised, by making it more difficult for probation officials to respond quickly to evidence of misconduct, and by reducing the deterrent effect that the possibility of expeditious searches would otherwise create. Moreover, unlike the police officer who conducts the ordinary search, the probation officer is required to have the probationer's welfare particularly in mind. A probable-cause requirement would unduly disrupt the probation system by reducing the deterrent effect of the supervisory arrangement and by lessening the range of information the probation officer could consider in deciding whether to search. The probation agency must be able to act based upon a lesser degree of certainty in order to intervene before the probationer damages himself or society, and must be able to proceed on the basis of its entire experience with the probationer and to assess probabilities in the light of its knowledge of his life, character, and circumstances. Thus, it is reasonable to permit information provided by a police officer, whether or not on the basis of firsthand knowledge, to support a probationary search. All that is required is that the information provided indicates, as it did here, the likelihood of facts justifying the search. Pp. 875-880. "

[BelizeBreeze]

Originally Posted by haxt

I live in Wisconsin.

I am on probation.

I understand that the police or my probation officer can search where I live any time they like. Can they search the premises of anywhere that I do not 'live' as shown on my state ID?

Yes, as long as you have access and/or 'control' over the space searched.

Originally Posted by haxt

If I spend a lot of time at a friend's house do they have the right do search these premises?

Yes, see above.

Originally Posted by haxt

If not will they be able to obtain a search warrant based upon my presence as well as my history?

A warrant is not necessary under most circumstances.

Originally Posted by haxt

For example, if I am suspected of a crime, but a search of my own living quarters is negative, can they obtain a search warrant based on the fact that I have been staying with a friend? Or that I visit there regularly, and they have no criminal history?

Thanks for your help.

we don't do hypotheticals. So stop trying to plan where to stash your stuff.

[haxt]

Thank you for your responses.

[dmosse]

Generally speaking, in order for the police to arrest someone in a third party's home, they have to have a search warrant. Just because you happen to be a friend's house doesn't mean that she loses her fourth amendment rights. She is not on probation--you are. Although you may be stopped, detained, summarily searched at any moment, your friend still has an expectation of privacy and does not relinquish it simply because you are a guest in her home. The police must have objectifiable reasons for entering her home. They should have a warrant.