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  1. #1
    Paper Hunter ipleadda2nd's Avatar
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    Default Roommate on probation with my firearms in apartment?

    Well, that's the situation. I live in an apartment in Adams county. I've had a roommate in this apartment for a few months. His girlfriend is getting out of Boulder county jail for a DUI and is moving in. She will be on probation with an ankle bracelet. I believe there is something about periodic searches of her home as well. We don't party or anything so it will be a clean environment for her. We will live like that for a few months.

    The only firearms in the apartment are mine and are locked in a safe in my bedroom's walk-in closet. Neither of them have interest so they won't even see them, let alone have access to them. She supposedly asked her case worker if this situation is OK and the case worker said yes.

    I would appreciate any info you have.
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  2. #2
    QUITTER Irving's Avatar
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    No one I've known with a DUI ever had a property search. Should be okay with a safe.
    "There are no finger prints under water."

  3. #3
    Machine Gunner
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    I would get it in writing from the case worker and/or county sheriff. You wouldn't want your firearms seized.
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  4. #4
    Paper Hunter ipleadda2nd's Avatar
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    Thanks guys. I am asking her to get it in writing, just in case.
    To ask may be but a moment's shame, not to ask and remain ignorant is a lifelong shame.
    - Jigoro Kano

  5. #5
    The "Godfather" of COAR Great-Kazoo's Avatar
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    Why is your room mates ankle monitor GF moving in, is she on the lease? If not figure out some way to protect yourself legally. Today she's miss happy maid, tomorrow she's made off with anything not nailed down.

    Forgt,t lease wise. IF she is not on the lease. Any LE or related people cannot enter unless you or person on lease is present. She has no legal right to allow access.

    Is the room mate paying for an additional person, who is now using your utilities, hot water, cable / internet blah, blah, rah, rah.
    Last edited by Great-Kazoo; 06-30-2014 at 13:59.
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  6. #6
    Paintball Shooter MarkUSMC88's Avatar
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    Quote Originally Posted by Great-Kazoo View Post
    Forgt,t lease wise. IF she is not on the lease. Any LE or related people cannot enter unless you or person on lease is present. She has no legal right to allow access.
    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."

  7. #7
    QUITTER Irving's Avatar
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    Getting in writing is a great idea. The case workers are about as reliable and professional as a DMV temp worker.
    "There are no finger prints under water."

  8. #8
    Zombie Slayer kidicarus13's Avatar
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    Periodic searches of her "home" would not included your room. +1 what Irving said, never heard of a home search on a basic DUI. Unless of course she gives someone reason to search.
    Lessons cost money. Good ones cost lots. -Tony Beets

  9. #9
    Industry Partner BPTactical's Avatar
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    As long as a "Prohibited Person" has no means of "possession and or control" of a firearm you should be good to go.
    Still, call to an attorney would be a prudent move.
    The most important thing to be learned from those who demand "Equality For All" is that all are not equal...

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  10. #10
    Paper Hunter ipleadda2nd's Avatar
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    She is paying for her share of rent and utilities. He will cover for her if she isn't able to for some reason. He's been a good friend for 10 years. She will be added to the lease for sure.

    She was in jail for 3 months. This is her 3rd DUI. Other than her occasional drinking relapse (2 times a year on average) she's great. Since the ankle bracelet detects alcohol I'm confident she won't relapse until at least it comes off. By then I'll be out of there.

    Do you guys know a place that legally stores firearms, mags and ammo? I would be interested in such a place for a reasonable price.
    Last edited by ipleadda2nd; 06-30-2014 at 14:08.
    To ask may be but a moment's shame, not to ask and remain ignorant is a lifelong shame.
    - Jigoro Kano

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