Dover, NH asked in Civil Rights, Constitutional Law and Criminal Law for Maine

Q: Probation searches done by police in Maine, no warrant, not probationer home, property labeled no trespass arrested

the police just walked into my mother in laws garage opn a supposed probation check, no tresspass signs are posted everywhere, came into garage then announced, threw me out and my mom in law told them no consent as this isn't my house, probation officer not present, located said fentanyl; no desk in garage room arrested probationer

1 Lawyer Answer
Hunter J Tzovarras
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  • Criminal Law Lawyer
  • Bangor, ME
  • Licensed in Maine

A: If you had a reasonable expectation of privacy in your mother-in-laws garage (such as you kept property there, or was staying at the house), you could challenge the search as illegal under the Fourth Amendment because a warrant is generally required to search a home or garage. This is a complicated issue because of the probation conditions and whether you have standing to challenge the search in someone else's home. You should consult with a criminal defense lawyer to discuss.

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