Originally Posted by
MarkUSMC88
The issue is authority to search a home without a warrant. A probation officer can search the home of a probationer without a warrant. This is one of the tenets of being on probation: a lesser expectation of privacy in one's home, car, and person. As such, they can be generally be searched for no reason.
On the issue of authority of others to consent to searches: On one hand, Georgia v. Randolph, 547 U.S. 103 (2006) says that when two people give conflicting permission to search (one says "go ahead" and the other says "where's your warrant?") the officers may only search the common areas, but not the private areas. However, Fernandez v. California, 134 S. Ct. 1126 (2014) says that if the person objecting to the search is no longer present to object to the search, the officers can conduct a full search based on the present consenting person. In that case, the wife gave permission to search, the husband objected to the search, the officers arrested the husband and took him away, then search with full consent. This is good law now, like it or not.
Apparent authority is another issue: if you go out to the store, and your neighbor is on your porch, say potting a plant, and the police show up and ask to search. Your neighbor gives consent, this is a good search, too, as the officers had a good reason to believe their search was under consent of the person living at the house.
If living with someone on probation, always best to secure your stuff. The danger is being charged with providing prohibited items to people who should not have them. Such aid, assistance, or encouragement can furnish evidence of your being an accomplice to their acts of possession.
Also, school everyone on the phrase "where's your warrant?" and "I want my lawyer."
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