Legal Question in Criminal Law in California
If Someone Is On Probation And The Police Show Up At The House They Are At, Does The Owner Of The House Have To Let Them IN? And Do The Police Have A Right To Search The House Because A Visitor Is On Probation? I'm Trying To Find Out What The POlice Can And Can Not Do And What The Rights Are Of The Owner And The Guest On Probation.
1 Answer from Attorneys
In California, probationers often waive, or give up, their 4th amendment right against unreasonable search and seizure when they are placed on probation. If a probationer is only your guest (for instance, he came over to watch Monday Night Football), the police need a warrant to enter your house. If the probationer is living at the location, then his fourth amendment waiver would allow the police to search him and his new household.
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