if a probationer is not at home, are police allowed to kick in doors?

[davew128]

Based on the link I provided below, it appears the search is legal. I say this based on the clear articulation the search was " conducted for the purpose of supervising and rehabilitating the probationer" and the probable cause inferred from the overt refusal of entry whereby the door was locked and the other shut.

http://le.alcoda.org/publications/point_of_view/files/probation_searches.pdf

I am going to disagree with you as this specific issue has been asked on other forums specific to CA and the attorney response was pretty unanimous. Bear in mind we're not talking about the front door of the house being locked, we're talking about the non-probationer roommate's room being locked.

 

[Ladyback1]

I am going to disagree with you as this specific issue has been asked on other forums specific to CA and the attorney response was pretty unanimous. Bear in mind we're not talking about the front door of the house being locked, we're talking about the non-probationer roommate's room being locked.

ahhhh....but the front door was locked!
The OP clearly stated that the screen door was locked. And at no time did the OP indicate that the screen door was opened.

 

[davew128]

ahhhh....but the front door was locked!
The OP clearly stated that the screen door was locked. And at no time did the OP indicate that the screen door was opened.

so I shut the door and proceeded to my room to put on clothes

That reading comprehension thing is rearing its head again.

 

[Ladyback1]

That reading comprehension thing is rearing its head again.

you assume that the screen door was unlocked. From my experience? One can speak through a screen door without unlocking it, and then shut the interior door....

my elder aunt (who doesn't live there) opened the door, the screen door was locked, the police then stated compliance sweep, then stated my roommates name. I went to the door, with a towel on my head and one on my body, because I had just gotten out of the shower. I told them my roommate was not home, but if they gave me a minute to get dressed, I would let them in to check. I live on the second floor with only one way to exit, so I shut the door and proceeded to my room to put on clothes

Sounds to me like auntie opened the interior door, left the screen door locked, OP came to the screen door and spoke to the cops/probation officers through the screen door then shut the interior door, effectively locking the the cops out...

 

[davew128]

Sounds to me like auntie opened the interior door, left the screen door locked, OP came to the screen door and spoke to the cops/probation officers through the screen door then shut the interior door, effectively locking the the cops out...

Perhaps, but even if this is the case, its an example of using a jackhammer in a situation where a phillips head screwdriver would have worked.

 

[OHRoadwarrior]

I am going to disagree with you as this specific issue has been asked on other forums specific to CA and the attorney response was pretty unanimous. Bear in mind we're not talking about the front door of the house being locked, we're talking about the non-probationer roommate's room being locked.

That is the dis-clarity. It does not appear the police received clarification of any property boundaries and therefore logically assumed everything applied. Had OP clarified the common and private spaces, before going to dress the situation may have ended differently.

 

[CdwJava]

Okay, provided the requirements of knock and notice are met, police and probation can force entry to a probationer's residence and any room that he has access to. They cannot force entry to a roommate's room where the probationer ostensibly has NO access to.

CA has among the strictest probation requirements in the country. One USSC case stated that we had THE strictest. And, no, the probationer need not be present before we can make entry. We also do not need reasonable suspicion, probable cause, or even a hint of the possibility of wrongdoing to make entry. If you choose to rent to or share a residence with someone on probation with search stipulations (which are almost all of them), you choose to agree to this intrusion. Don't like it, evict him.

In the OP's case, chances are he was told to stay where he was and defiantly ran/walked/fled upstairs and locked his doors ... I doubt it was a casual saunter as the officers hung out downstairs for a few minutes. But, he can argue that one in court. The officers did have the right to force entry to the residence, though they would have to articulate more to make entry to a room that the probationer does not have access to (something they may not have known, or may have had other reasons to enter ... as I suspect the police report will be substantially different from the OP's rendition).

 

[elviram]

if a probationer is not at home, are police allowed to kick in doors

To follow up, sorry it's taken so long, these are the same police officers that come and do the sweeps. They knew the situation of us being seperate and i didn't refuse entry, they saw me through the screen door with only a towel on, and i only asked for a few moments to put clothes on. I wouldn' t lie to them about his not being here. However, i'm not going to sit outside in front of all my neighbors in a towel andhandcuffed. Thanks for the replies.

 

[CdwJava]

And, they are not obligated to let you enter an unsecured part of the residence to hide evidence, facilitate an escape, or plan an attack.

Hopefully you have made it clear to the department that he no longer lives with you.