Cathedral City, CA asked in Criminal Law, Civil Rights and Identity Theft for California

Q: Are cops allowed to search someone's hotel room because of someone that was there who was on probation?

1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: Usually a warrant would be required for non-consensual search of a 3rd party's home.

See: http://le.alcoda.org/publications/point_of_view/files/probation_searches.pdf.

See also: http://le.alcoda.org/publications/point_of_view/files/RAMEY.pdf, which says in relevant part:

" (1981) 451 U.S. 204, 205-6. ALSO SEE U.S. v. Litteral (9th Cir. 1990) 910 F.2d 547, 553 [“(U)nder Steagald, if the suspect is just

a guest of the third party, then the police must obtain a search warrant for the third party’s dwelling in order to use evidence found

against the third party.”]; U.S. v. Harper (9th Cir. 1991) 928 F.2d 894, 896 [“An arrest warrant does not carry with it the authority

to enter the homes of third persons.”]; U.S. v. De Parias (11th Cir. 1986) 805 F.2d 1447, 1457 [“An arrest warrant alone is an

insufficient basis for searching a third party’s home for those named in the warrant.”]."

See: http://www.policemag.com/channel/patrol/articles/2005/08/point-of-law.aspx

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