Legal Question in Criminal Law in California

search ans seizure

I live with my boyfriend, and he was arrested for posession of a controlled substance. While he was in jail our 6 month lease expired, and I had to renew the lease without my boyfriend on it. As a part of his probation he has to register with the citys police department as a drug offender. My question is this: If the police should come over here wanting to search my house, can I say my boyfriend no longer lives here and show them my lease has only my name on it ? In other words will they go away or will they force their way in my house anyway?


Asked on 7/02/08, 2:33 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: search ans seizure

That only your name is on the lease does not mean you live alone. Police officers are not going to be fooled by your claim. If your boyfriend moves back in with you and you try to tell the police that he doesn't live there, you will likely find yourself in very serious legal trouble. Whether the police force their way into the house is going to be the least of your problems.

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Answered on 7/02/08, 2:46 pm
Brian McGinity McGinity Law Office

Re: search ans seizure

Your name only on the lease does not mean your boyfriend does not live with you. So no, it will not stop the Police from possibly searching your residence.

If you and your boyfriend are living together they will be able to search the place. If your boyfriend is only visiting and he is on searchable probation they can search him in your place even if he does not live there.

Do not lie to Police and do not misrepresent the facts to them. If you do, you could find yourself in a lot of trouble.

If your boyfriend is leaving his property at your place and it is property which could cause him problems due to the terms of his release then he should not leave those things at your place. You could find yourself in trouble for them as well. If your boyfriend is on searchable probation the rules regarding search & seizure are out the window and he is free for the Police to stop and search at any time and they do not need a reason.

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Answered on 7/02/08, 6:45 pm


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