Gilbert, AZ asked in Criminal Law and DUI / DWI for Utah

Q: In Utah, if a prohibited person on probation lives with you, does the host forfeit their 2nd and 4th amendment rights?

Are safe rooms or a locked Master bedroom where the prohibited person does not have access, legal to store prohibited items?

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1 Lawyer Answer
Mike Branum
Mike Branum
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Utah

A: No, the host does not forfeit their rights, but exercising those rights would likely send the prohibited person to prison. The prohibited person has lost the right to live with someone whose rights have not been limited without inconveniencing that person with having to live AS IF they had also lost their rights. Should a person decide to allow a probationer to live with them, they must accept the limitations which have been placed on the probationer. You would take a grave risk if you attempted to assert that the probationer does not have access to any portion of their residence. The only sure way to avoid sending the probationer back to prison is to ensure there are no prohibited items in any location in the residence.

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