if my civil rights were violated by probation and the courts when I was not the one on probation

Question

My roommate was on probation. During a home check, a probation officer pushed his way into my private bedroom and later that the police came with a warrant for the first floor with the wrong name and proceeded to search the other 2 floors. I have the discovery packet and the probation lied several times. I am facing 15 years for guns seized that were owned by the owner of the house and locked in safes. what should i do

Stephen Bilkis · Answer

I'm sorry to hear about the difficult situation you're facing. Dealing with potential civil rights violations and serious criminal charges can be incredibly stressful. I hope the following information helps clarify your options. 
 
Disclaimer: This response is for general informational purposes only and does not constitute legal advice. Legal outcomes can vary based on specific details not specified here. For personalized guidance, please consult a qualified attorney licensed in New York. 
 
Understanding Your Rights 
In New York, you are protected under the Fourth Amendment of the U.S. Constitution, which guards against unreasonable searches and seizures. These protections can be complex when living with someone on probation. 
 
Searches Involving Probationers 
• Probationer's Residence: Probation officers can conduct searches of a probationer's residence without a warrant under certain conditions. 
• Shared Living Spaces: Areas shared between you and your roommate may be subject to search. 
• Private Areas: Your private bedroom, especially if it's clearly separate and exclusively used by you, should generally not be searched without a warrant or your consent. 
 
Potential Violations 
• Unauthorized Entry: If a probation officer forced entry into your private space without legal justification, it may constitute a violation of your Fourth Amendment rights. 
• Invalid Warrant Execution: If the police had a warrant for the first floor but searched other floors, this could be an unlawful search unless exceptions apply. 
• False Statements: Allegations that probation officers lied could impact the legality of the search and seizure. 
Possible Legal Remedies 
• Motion to Suppress Evidence: Illegally obtained evidence may be excluded from trial, which could significantly affect your case. 
• Civil Rights Claim: You might have grounds to file a lawsuit for violations of your constitutional rights. 
 
Conclusion 
Facing serious charges due to potentially unlawful searches is a critical matter requiring immediate legal attention. A qualified attorney can help protect your rights and navigate the complexities of your case. I strongly recommend consulting a criminal defense lawyer experienced in Fourth Amendment issues in New York. 
I hope this information is helpful, and I wish you the best in resolving this situation

Q: if my civil rights were violated by probation and the courts when I was not the one on probation