Legal Question in Criminal Law in California

Re: search rights

He does.

Re: search rights

Yes, you lose your rights but for the search to be valid the cop has to know that you are on probation. If they come in without knowing about your probationary status, the search is illegal.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: search rights

Based on your question, I assume you are asking whether the police have a right to search you or your hotel room based on the fact that someone else who is on probation is staying with you in your room.

Assuming that you yourself are not on probation, then the answer will depend on the surrounding circumstances of the search. If you are facing charges as a result of such a search, then feel free to contact our office for help.

www.NotGuiltyInCA.com

Re: search rights

Your question really does not provide enough facts to give you a specific answer. Generally, if someone is on what is called searchable probation than Law Enforcement has a right to search them and the surrounding area without needing any justification or probable cause. However, there are a lot of factors to consider. If the Police did not know that the person was on probation until after they gained access to the room then the way they gained access must be looked at. Next, if they knocked on the door and were invited in and then asked generally if anyone was on probation and the person said yes they may be within the rules regarding the search. However, the person who either invited them in or gave them permission to enter the room must be the person who has the authority to allow them access to the room. Also was the hotel room a single room or was it a large suit with more than one room. What were the circumstances under which the Police made the initial contact with the occupants of the room and with the hotel?

Under the right circumstances they may have been within the law regarding the search however with the facts presented it is impossible to give you a accurate answer. You may want to provide more facts with your question and ask it again or simply contact an criminal attorney that offers a free consultation in your local area. Good luck