Roommate on Probation/Common Area Searches in Kansas

[Fully-Loaded]

My roommate was recently arrested for possession and mentioned that they might search. I know it's only legal for them to search common areas when they get consent from one roommate to search, but when he's on Probation, I know they don't really need a warrant or consent to search. I was wondering if they can search my bedroom when going through the rest of the house. I doubt they will search the house anyways as it was a small possession charge, but if they came in, searched and found something they didn't like, could I actually be charged, or would it be an illegal search and seizure.

I'm taking a guess and saying it would probably be legal if they brought in a drug dog and the dog indicated some sort of drugs were in my room, but what about anything else? I'm not worried about the drugs really, just curious.

[CdwJava]

Anyplace that the probationer has reasonable access to can be searched. If they have any reason to believe that the person on probation had access to your room, they can search it.

- Carl

[Fully-Loaded]

Thanks! I figured as much. Nothing to hide, just slightly uncomfortable to people helping themselves to my room.

Originally Posted by CdwJava

Anyplace that the probationer has reasonable access to can be searched. If they have any reason to believe that the person on probation had access to your room, they can search it.

- Carl

i thougt that's no longer true unless cops had a warranty due to recent supreme court rulling. That if another roomate objects then cops can't search. Is that rulling do not apply to this issue?

[CdwJava]

Originally Posted by ylen13

i thougt that's no longer true unless cops had a warranty due to recent supreme court rulling. That if another roomate objects then cops can't search. Is that rulling do not apply to this issue?

Which Supreme Court ruling?

I suspect you will find that any issue in that regard concerned a clarification of already existing situations. If the probationer has access to the location, then it is generally good to search - at least out here in CA; KS may have established stricter guildelines for such searches.

It may be an arguable cituation whether the probationer has access to a particular person's room. In my experience we generally don't search those rooms unless we have some knowledge or visual evidence that theprobationer has been in that room or DOES go inside of it.

The bottom line is that in order to be safe from such a search, don't live with a probationer or a parolee.

- Carl

the us supreme court rulling that involved issue of wife calling cops on husband and showing them were he was hiding his drugs(she gave them permission to enter)whille husband who is lawyer was objection and said he wasn't giving them permission to enter. Wouldn't roomate who lives their have the right to object to them entering the appartment?

[CdwJava]

Originally Posted by ylen13

the us supreme court rulling that involved issue of wife calling cops on husband and showing them were he was hiding his drugs(she gave them permission to enter)whille husband who is lawyer was objection and said he wasn't giving them permission to enter. Wouldn't roomate who lives their have the right to object to them entering the appartment?

Different issues entirely!

One is a matter of consent and another party denying that consent. Probation is not a matter of consent and generally (at least here) Probation officers make it very clear to roommates and homeowners before a person is released on probation at such a residence.

As I said, the issue of access to the room is certainly arguable. But if the door is open, the probationer has been in there regularly, or has been known to store his stuff in there, the room will likely be searched.

- Carl

thx for explaning the law.

[Fully-Loaded]

He was just put on probation for a stupid mistake earlier this week, which I'm very pissed about but I'm tied into a lease until December. The probation officer has not been over, and I'm not sure that she even will. I'm not worried about a thing as I've always been a right side of the law sort of person. My room is pretty much bare except for clothing, a tiny dresser and my bed, but I do still have personal items I don't want them digging through. They could run a drug dog through the house and I wouldn't have any issues, but it's just an issue of personal privacy. I didn't commit the crime and I don't see why they should have any reason to search my room. I don't think my roommate has actually been in my room but once. Hell, I never spend any time there unless it's to sleep or change.

[outonbail]

Originally Posted by Fully-Loaded

He was just put on probation for a stupid mistake earlier this week, which I'm very pissed about but I'm tied into a lease until December. The probation officer has not been over, and I'm not sure that she even will. I'm not worried about a thing as I've always been a right side of the law sort of person. My room is pretty much bare except for clothing, a tiny dresser and my bed, but I do still have personal items I don't want them digging through. They could run a drug dog through the house and I wouldn't have any issues, but it's just an issue of personal privacy. I didn't commit the crime and I don't see why they should have any reason to search my room. I don't think my roommate has actually been in my room but once. Hell, I never spend any time there unless it's to sleep or change.

Put a lock on your door, don't give anyone a key and make sure it is locked whenever your not there.

Kansas must have figured a way to streamline their cases if your roomate was placed on probation for something done just earlier this week.

BTW, if you have a roomate who is involved in illegal activity, you may have a legal cause to break your lease or they may be in violation of the terms of the lease. It would be a civil matter and you can post your questions concerning the same in the landlord tenant forum for advise.

[Fully-Loaded]

My roommate is a great guy, just made a dumb decision. And turns out he was on bond supervision, he'll be on probation in the next few weeks most likely. I'll flip through my lease contract in case things get worse, but my roommate is perfect to live with other than this, and the location, rent and everything else on it I will not find anywhere else in the city. Hate to leave.