Roommate on probation with my firearms in apartment?

[ipleadda2nd]

http://www.google.com/url?sa=t&sourc...69837884,d.b2k


And that's in liberal California.

Sounds promising.

I spoke on the phone with a lawyer. He said it was fine as well, but I need to see the "terms of probation" paperwork she will receive.

[sniper7]

I would make sure the guns are locked up and only you have access to them be it with a combo lock or a key or if the safe has a combo.

i hope for her sake you guys don't drink around her or keep any in the house. I imagine that will help with some issues.

[ipleadda2nd]

Definitely locked up. No drinking at all around her sniper7. The poor girl was violently raped in college by her friend. She drinks until she blacks out to kill her emotions when they get too overwhelming. There's no way in hell I'm going to subject her to an environment that would destroy her.

[ThunderSquirrel]

Many years ago, we had a friend of the family who went through a rough patch and was on probation.
My parents let him crash in the spare bedroom during his probation for about a month while he found a place to live.
His PO had to come to the house, interviewed all of us, and asked if there were any firearms in the house. When we told him yes, he just asked 'Is there a safe here?'
My dad told him that we had one, and he said 'Ok' and that was the end of it.

Disclaimer: That is just my experience. I am not a Lawyer

[Great-Kazoo]

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.

How does an ankle bracelet detect alcohol?? Any place you leave firearms, a BG check will be needed to retrieve them, after 72hrs..

Great friend / room mate and GF with alcohol addiction aside. IF you have a safe and IF these folks are so great. Why do you feel the need to move them off site? Sounds like you're about to see the dark side of friendship.
IMO. for someone who OCCASIONALLY RELAPSES and racks up DUI's , you should really reconsider taking this project on. After an ex friend who had a small herion addiction, we stopped taking in strays.

[MarkUSMC88]

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."

[MarkUSMC88]

How does an ankle bracelet detect alcohol??

It's called a SCRAM in Colorado and needs constant contact with skin which, when a person is drinking alcohol, exudes enough alcohol through the skin to be detected.

And don't try to put a blocker between the sensor and the skin, this is read as a deceptive result and is as bad as a positive result.

http://www.scramsystems.com/index/sc...hol-monitoring

[Great-Kazoo]

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."

It's called a SCRAM in Colorado and needs constant contact with skin which, when a person is drinking alcohol, exudes enough alcohol through the skin to be detected.

And don't try to put a blocker between the sensor and the skin, this is read as a deceptive result and is as bad as a positive result.

http://www.scramsystems.com/index/sc...hol-monitoring

Thank you for clarifying & explaining a few items.

[ipleadda2nd]

How does an ankle bracelet detect alcohol?? Any place you leave firearms, a BG check will be needed to retrieve them, after 72hrs..

Great friend / room mate and GF with alcohol addiction aside. IF you have a safe and IF these folks are so great. Why do you feel the need to move them off site? Sounds like you're about to see the dark side of friendship.
IMO. for someone who OCCASIONALLY RELAPSES and racks up DUI's , you should really reconsider taking this project on. After an ex friend who had a small herion addiction, we stopped taking in strays.

I hear you! I would write her off as broken and a lost cause. But my roommate won't. This is how the rich get richer and the poor get poorer. I'm in the middle of a trashy situation. It's my responsibility to get myself out of it which will take a few months.

[zteknik]

Suggest you explain to her when she does go to"meetings" and gets her paper signed, to stick around and listen to what they are trying to teach.
It would help her from constant relapses. I constantly sign the same peoples paper over and over again until you just don't see them anymore-only if they would open up their ears..
And then I get a few that actually have stuck around a few years and learned something.

From my experience just as long as the prohibited person has no access to the firearms its ok. Like it was said get the terms of probation and get something in writing stating that your in the clear.