QUESTION
If a person is under house arrest but not home, can a third party (roommate) refuse to allow the deputies to enter for a search?
Asked on Jul 17th, 2013 on Criminal Law - Rhode Island
4 ANSWERS
Criminal Law Attorney serving Oakland, CA
at
Law Office of Jared C. Winter
Update Your Profile
You can refuse all you want, but they will probably search anyway. Are they expected to simply rely on your good word that the person isn't home?
Answered on Jul 18th, 2013 at 2:42 PM
Family Law Attorney serving Chicago, IL
at
Buchanan Law Group
Update Your Profile
Whether a search is illegal depends on many circumstances including what the officers new at the time of the search. Most importantly, you NEVER have to consent to a search. If you consent to a search it makes it all but impossible to argue to the judge that the search was illegal.
Answered on Jul 18th, 2013 at 12:17 PM
Thomas Edward Gates
It depends upon the terms of his house arrest.
Answered on Jul 18th, 2013 at 10:57 AM
Tax Attorney serving North Smithfield, RI
at
The Law Offices of Mark L. Smith
Update Your Profile
No if the person is on house arrest the police have the power to enter.
Answered on Jul 18th, 2013 at 7:30 AM