E.Bryant said:
when the sherriffs come looking for my brother for a probation check up 3 days after his release... 1 . do they have to knock on the door or can they enter from the backyard ?
They can enter through the backyard if they wish. if your brother has search stipulations on his probation (and most do), then - generally speaking - any place he has access to, law enforcement has access to.
2 is my girlfriend and guest subject to search of her room although the door to her room had been locked until they came?
If the brother has regular access to the room, then they might be able to search there.
3 . can they arrest her for under the influence after contesting their search of her room wich her cats normaly are kept inside to prevent them from going outside?
If she's under the influence of a controlled substance, yes. If she's under the influence, she was arrested for THAT offense - not for contesting their search. Contesting the search may have got her the attention, but it didn't suddenly make her high.
4. and isnt the only area they were allowed to search only involve my brother and the area that he is in control of? or he could have access to?
ANY area he has access to. So if a room is generally off limits to him, but he can have access to it - and the officers can articulate this - then they can use evidence seized against whoever they must.
If any contraband was found in a room that was arguably off limits, then the defendant's attorney needs to bring this up. Depending on the circumstances, a motion to suppress just might work.
Bottom line is, if you are doing drugs or involved in any criminal activity, it is really, really dumb to have someone living with you that has search stipulations.
- Carl
