Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

Probation search of third party's private area was unlawful

By John Wesley Hall, Jr.

Probation search of third party's specific private area was unlawful. While the probation officers could enter, their authority was limited to common areas or the specific room that the probationer stayed in. Searching the other person's room violated his rights. State v. McKague, 2008 Wash. App. LEXIS 646 (March 18, 2008): In this case, the officers did not seek Schultz's or Ken's permission to search the premises in general or Ken's shed, specifically. Even giving the State the benefit of the doubt about whether Jay, who was under DOC supervision, resided in his mother's house, Ken was owed the full protections of our constitution and the Fourth Amendment, and he was entitled to an expectation of privacy within his portion of the home, whether it was a bedroom in the main house or in the shed...continue to full post

Full post as published by Fourth Amendment on March 19, 2008 (boomark / email).