Indianapolis, IN asked in Criminal Law, Civil Rights and Constitutional Law for Indiana

Q: If I am living with a roommate while on house arrest and they come do a search can they room get searched as well

what all areas are they allowed to search with and without a search warrant while i am on house arrest

1 Lawyer Answer
Grant E Helms
Grant E Helms
  • Civil Rights Lawyer
  • Indianapolis, IN
  • Licensed in Indiana

A: The documentation you signed when you started house arrest will outline the parameters of your monitoring situation and what the monitoring authority and law enforcement is authorized to do. It's not clear if you're a pre-trial detainee on house arrest or a defendant on house arrest doing a sentence due to a conviction or a plea deal - the authority of law enforcement is usually more limited when dealing with a pre-trial detainee. But a defendant completing a conviction sentence pretty much gives up all rights under the 4th Amendment to be free from searches in the home, as a required term of the plea deal or sentence. The sentencing/plea documents will probably spell out the areas that law enforcement can and cannot search pursuant to the sentencing order/plea, but anything that law enforcement sees openly or can detect or perceive on the premises could give rise to reasonable suspicion of a new possible crime, giving them probable cause to search the area, get a warrant, or otherwise. If there's a doubt, assume the entire property is likely to be searched. Police are typically authorized to conduct searches at any time in those situations.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.