California, United States of America
The following excerpt is from People v. Navarette, 2d Crim. No. B268463 (Cal. App. 2017):
Where a person is "subject to a probation search condition," the police may "conduct a warrantless search" of that person's residence. (People v. Woods, supra, 21 Cal.4th at p. 676.) "[I]f persons live with a probationer, common or shared areas of their residence may be searched by officers aware of an applicable search condition." (People v. Robles (2000) 23 Cal.4th 789, 798.) "Persons who live with probationers cannot reasonably expect privacy in areas of a residence that they share with probationers." (People v. Pleasant (2004) 123 Cal.App.4th 194, 198.)
In People v. Pleasant, police conducted a probation search at the residence of the defendant's mother. Defendant's mother was on probation with search conditions. The defendant was not home and his room was locked. Mother gave the police the key to the door of the defendant's room. Police officers opened the door and searched the room. They confiscated a rifle which was unlawful for him to possess as a felon. In ruling the search was valid, the appellate court wrote that since mother "had access to the keys to the room in which the gun was found, [the defendant] could not reasonably expect privacy in the room and the officers reasonably entered the room under the authority of [his mother's] probation waiver." (People v. Pleasant, supra, 123 Cal.App.4th at p. 197.)
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