Bad news....need some serious advice!

[markshark]

did the cop inform u of a warrant? if ur friend violated his probation than shouldnt it only have been whatever he owns be searched? that is unless ur gear was in plain view like laying on the table or something.

 

[Outtlaw]

Ya my roommates friend told his probation officer that our house was where he lived. His probation officer came by and caught him drinking. He said he was gonna search the whole house and call the police if he found anything unless we told him about it ahead of time. My gear wasn't well hidden at the time so I really didn't have a choice. He took it all for destruction and gave me a receipt. He said since I was honest that he wouldn't notify the authorities. I'm sure that some of my rights were violated, but there's nothing I can do about it now. I'm getting pissed just thinking about it.

Im getting the impression that your roommate may not have been officially living there. If that's the case, I would've thrown both their asses out and told the PO to come back with a search warrant. By that time I would've moved all my gear to another location.

 

[tatman3177]

Not to bring up legalities, but did he actually live there? if not, are you on the lease? or is he on the lease?

The probation officer would need a warrant to search your property. If he could not verify who the legal lease-holders are, it is up to him to find out.

I do not know the details of the case nor am I a lawyer, but it sounds like you have a case against the county / state.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

amendment 4 does not apply to people on probation/parole. i would guess that krishna was the lease holder at this time and being that the probationer stated he lived there, those areas common to all those that live in that domain are subject to search by the p.o. only the areas that are specifically designated to those not on probation/parole cannot be search w/o a warrant. even with the scare tactic the p.o used to force his way into the home in the first place. if one gives consent to search or give up evidence then amendment 4 becomes irrelevant. still the p.o would need to verify who the lease holder is to ask that person for permission to enter the domain.

 

[smaretick]

Given that it's over & all you did was lose your gear, I would let it go & write it off to fu*ked up luck. I know,from personal experience, that po's can be real dick heads...but do seem to have alot more authority/power than they should have. I would concentrate on the future & just get your head straight & consider the gear lost. For the future, I would do a better job of 'concealing' the gear (e.g., putting orals in old prescription bottles, etc)...but that goes without saying.
Best of luck for the future.

btw: IMHO pursuing legal action & prolonging this would be a mistake.

 

[AristotleBC]

There's no way you can get your gear back, hell, they'll hand it to you and arrest you a second later

 

[Mr.X]

amendment 4 does not apply to people on probation/parole. i would guess that krishna was the lease holder at this time and being that the probationer stated he lived there, those areas common to all those that live in that domain are subject to search by the p.o. only the areas that are specifically designated to those not on probation/parole cannot be search w/o a warrant. even with the scare tactic the p.o used to force his way into the home in the first place. if one gives consent to search or give up evidence then amendment 4 becomes irrelevant. still the p.o would need to verify who the lease holder is to ask that person for permission to enter the domain.

It sounded to me like it was 'forced' consent where krishna was threatened into letting someone in. I fathom a discussion with a civil rights lawyer wouldn't hurt. I'm no lawyer, but it just seems like he got the raw end of the deal especially since the guy on probation did not live there. In that case, the guy could say he lived in my house, and I would get the harrasement by the PO.

 

[vincentpeoples]

If it was in "plain view" then he cannot neglect the steroids. If he does, then he can get into trouble (negligeance) b/c essentially, both of the residents can be guilty by association. Anyway, dont ever live with a person on probation b/c 90% of them recividate (re-offend and get charged). Trust me, most of them are scumbags and will bring anyone else down with them if need be. Sux that you have to live with one but i would honestly kick him out or move. Good luck and hope everything works out.

 

[Mr.X]

dont ever live with a person on probation b/c 90% of them recividate (re-offend and get charged). .

I don't think he lived w/ him, the guy on probation set him up.

 

[vincentpeoples]

Also, dont bother with the roids. I dont really think you would get them back...its not like the justice system just hands back drugs that were unlawfully taken away. I think if you fought it, more problems would appear and somehow you would be put on trial for possession with the intent to distribute.

 

[LVTitan]

as far as your rights being violated thats a little touchy.. you see if your friend was convicted of a felony then he has no right to the 4th amendment right to unlawfull search and seizure.. and being that your place was where he lived then only the common living areas and his actuall living area can be searched by the probation officer. any other area would need either your permission or a search warrant. but you gave the permission under false pretenses. either way an ass kickin is in store...

yup yup, the PO can only search "common areas" and his room, whichever one he said he stayed in. they could not search the whole house without a warrant. but hindsight is 2020 bro,

at the very least. he owes the money for your complete next cycle !!