Legal Question in Criminal Law in California

legal enrty?

Can your house be searched without your permission?? My roomate is on Search and Seizure, No one let them in our house. The land lord said he watched the police enter our home threw a locked door??? My question is this not a voilation of my civil rights???? And "Fruit of the posionious tree" illegal entry, everything else after that should be throwen out of court Correct???


Asked on 6/08/00, 3:41 am

2 Answers from Attorneys
Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: legal enrty?

Are you or your roomate on probation or parole? If so the police can come in and search the parollee or probationers room and common areas. If neither of you is on probation there may have been a significant violation. Call us at 1-800-327-4652 so we can discuss it.

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Answered on 7/29/00, 5:07 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: legal enrty?

As I understand the law, the police can enter the home and search the common areas, and any room that is used by the person on probation or parol. If three people live in a three bedroom house and each person has their own bedroom, the police may search only the bedroom of the person on probation. The remainder of the house, that the is used by the person on probation or parole, would be subject to search. If the person on probation or parole shares a bedroom with another person that bedroom would be subject to being searched.

There is a recent case which indicates that the police must have probable cause before they can search under the no warrant provision of the probation or parole. They would have to be able to state facts which show that they had a reasonable belief that the individual had violated probation or parole.

You should contact an attorney and discuss the facts of your case with that attorney.

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Answered on 7/28/00, 1:38 pm


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