what are my rights when roommate is on probation?

[pirategirl68]

What is the name of your state (only U.S. law)? ca
hi. I was wondering what are my rights when my roommate is on probation? we have separate bedrooms which we both have our own locks, so if either of us leaves, we lock our rooms up and do not share keys. I have no access to their room and they don't have access to mine. in the event there is a probation sweep/compliance sweep, do I have to let them in the house if the probationer is not home? and if they are home, am I required to let them search my room? i know that they agreed to giving up their rights to the searches, but what rights do I have? thank you for any advice or thoughts with this.

 

[OHRoadwarrior]

That gun in your closet is going to be a problem for them. They need to move.

 

[justalayman]

since the common areas are accessible to the roommate, they probation officers have a valid and legal right to that area, without question. If you do not allow the roommate access to your room, at all, they would not have a right to search your room without a warrant. The problem comes into whether he has access to your room at all. If he has access only when you are there, that still means he has access to your room and as such, issues such as you having a gun or the possibility he has stashed something in your room is still a valid concern.

 

[pirategirl68]

since the common areas are accessible to the roommate, they probation officers have a valid and legal right to that area, without question. If you do not allow the roommate access to your room, at all, they would not have a right to search your room without a warrant. The problem comes into whether he has access to your room at all. If he has access only when you are there, that still means he has access to your room and as such, issues such as you having a gun or the possibility he has stashed something in your room is still a valid concern.

okay, but what about the issues of whether they are home or not? if they aren't home, do I have to let them in? or can I just not answer the door? thanks for the quick replies. I appreciate it.

 

[OHRoadwarrior]

okay, but what about the issues of whether they are home or not? if they aren't home, do I have to let them in? or can I just not answer the door? thanks for the quick replies. I appreciate it.

Part of the probation process allows them unlimited access to the probationers home. You must allow them into the common areas.

 

[swalsh411]

okay, but what about the issues of whether they are home or not? if they aren't home, do I have to let them in? or can I just not answer the door? thanks for the quick replies. I appreciate it.

If they have a warrant, they will break down the door if you don't let them in. If they don't, you can deny entry. They will *ask*, and maybe even imply you could get in trouble, but without a warrant you can refuse. However this will almost certainly result in major problems for your roommate. Do you want to keep him as a roommate or do you want him to go to jail then you will be responsible for the entire rent?

Part of the probation process allows them unlimited access to the probationers home. You must allow them into the common areas.

Hardly. He's not a party to that agreement. Like I said, it could result in major problems for the roommate, but nothing could happen to the OP if he refuses.

 

[CdwJava]

What is the name of your state (only U.S. law)? ca
hi. I was wondering what are my rights when my roommate is on probation? we have separate bedrooms which we both have our own locks, so if either of us leaves, we lock our rooms up and do not share keys. I have no access to their room and they don't have access to mine. in the event there is a probation sweep/compliance sweep, do I have to let them in the house if the probationer is not home? and if they are home, am I required to let them search my room? i know that they agreed to giving up their rights to the searches, but what rights do I have? thank you for any advice or thoughts with this.

Probation and law enforcement have the right of access to any part of the home the probationer has access to. That can sometimes mean they could force entry to the residence if they desired. While they cannot search areas of the home that the probationer has no demonstrable access to, they can search those common areas and any room he has sole access to.

If you do not like the fact that police and probation officers can come and go almost at will, then you either need to evict the probationer roommate or move.

 

[CdwJava]

If they have a warrant, they will break down the door if you don't let them in. If they don't, you can deny entry. They will *ask*, and maybe even imply you could get in trouble, but without a warrant you can refuse.

Not true in CA. While it is uncommon for law enforcement or probation to force entry, they can. The objection of the cotenant cannot prevent them from conducting a search (Pleasant (2004) 123 Cal.App.4th 194, 197).

Hardly. He's not a party to that agreement. Like I said, it could result in major problems for the roommate, but nothing could happen to the OP if he refuses.

Well ... if the cotenant intentionally denies law enforcement or probation officers access to the residence for which they have the lawful right to enter he or she can be arrested for a violation of PC 148(a) for resisting, obstructing, and/or delaying a peace officer.