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OfflineCrystal G
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Need Help Finding Info on Probation Laws in Nevada
    #7704664 - 12/01/07 10:38 PM (16 years, 2 months ago)

Alright, so my ex-b/f is going to be coming out of jail soon on like a total of 11-20 counts of felonies (all drug-related, some for dealing and including more severe ones like stealing scheduled pharmaceuticals)... it all depends on what they end up successfully charging him guilty with, really.

Well, I know that when he gets out, he is going to need a place to stay. I feel obligated to let him stay at my pad, primarily because this fucker's done a LOT much for me, and I know that if I don't give up my address to let him stay at, he's pretty much going to be homeless.

I know this may not be a potentially smart move on my part, because I AM a narcotics user, and this will become obvious to the PO's should they ever end up finding my pile of random pills, mysterious powders, and syringes lying in various places in my room and bathroom... I'm not that stupid, either way I DO plan to clean up the place EXTENSIVELY before he moves in... but before I even think about officially and legally giving up my place to a convicted felon on probation, I NEED to know a few things:

1) To what extent are they allowed to search the vicinity of a person out on parole or bail or probation? Are they allowed to go through all my personal belongings too? Are they ANY personal belongings that are off-limits--like say, a purse or a backpack that I may be carrying on me?

2) How thoroughly will they usually search my place? Will they just open a random drawer or two, or just observe from the surface for any suspicious-looking items... or will they tear up my bedsheets, rip open the couch, and other such crazy things? Though I am an innocent bystander during all of this, are they allowed to pat ME down and search me, at any time, for any reason?

3) If anything of mine gets caught, and we both blame it on him, will we both get criminalized anyway because it was found in my place, or will only HE go back to jail? Keep in mind I have no criminal record (not for felonies or anything important).

4) Are searches and urine tests scheduled in advance like they are in California, or will they just pop up at random with no warning in Nevada? Are they allowed to search and tear open any mail of mine--or I'm assuming that the federal law overrides this, and they wouldn't be able to open any sealed mail that's got first class stamps on it, without a judge's approval? (I'll also be assuming that a judge would easily approve any of his mail to be opened, but that there would be almost no case for my mail to get seized and searched).

5) Another important one: Are they allowed to search my COMPUTER, if they know he has been using it? Because if so, I should probably plan to put up a password on all my user accounts, so that nobody can get into my computer in the first place... anybody know how to set these up?

6) If my ex is sleeping and living in my living room, are the PO's allowed to search my room, or are they required to stay out of it? What if I act like I'm sleeping in my room, are they still allowed to invade my privacy and search through my room, all because somebody on probation is staying at my place?

I understand that I am potentially putting myself at a huge risk by allowing him to stay at my place. And I wouldn't be doing it if I didn't owe him BIG time.

So if anybody can provide me with a link, or share their own personal experience, or knowledge if they have studied law... the information would be greatly appreciated. Thanks.


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OfflineCrystal G
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Registered: 06/05/07
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Re: Need Help Finding Info on Probation Laws in Nevada [Re: Crystal G]
    #7704701 - 12/01/07 10:57 PM (16 years, 2 months ago)

Oh yeah, and I'd also like to know the entire list of drugs they would urine/saliva/blood test him for when he's on probation. I'm sure this differs from state to state, and Nevada's list of tested drugs is much more extensive, and might even include hair tests... (true?)


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OfflineSeussA
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Re: Need Help Finding Info on Probation Laws in Nevada [Re: Crystal G]
    #7709670 - 12/03/07 05:14 AM (16 years, 1 month ago)

This has bad written all over it. If you house somebody on probation, the police can (and will) stop by to search your home, unannounced, any time they feel like it. If you have drugs, then your friend is going to relapse and get nailed when he fails a piss test. I know you want to help, but it is not going to be good if you let him move in.


--------------------
Just another spore in the wind.


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Invisiblejohnm214
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Re: Need Help Finding Info on Probation Laws in Nevada [Re: Seuss]
    #7711094 - 12/03/07 01:51 PM (16 years, 1 month ago)
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1.  Presuming its within his parole requirments he can be searched and his house searched without cause.  But, it is my understanding that if you are present and object, they may not legally search- this was a somewhat similar case in the supreme court recently.

BUT this only goes if you are present.  If the police roll up when your not home and he allows the search, or your present but asleep, the search is on.

It is my understanding that his parollee status has no effect on your right to refuse the search, they can't control you.

What they can do is lie (say you consented, say they smelled pot, say they saw something in plain sight, et cet) and get the search ruled legal- which they can and have done in y experience.

2. I don't know

3.  it is an offence in many areas to maintaine a "drug presmises" aka the crack house law.  If a premises is provided for doing drugs, you can be charged- is this the law in your area? I don't know, look it up.

The fact is they can and might charge you especially if something is in a common area or in an area you are allowed to have access to.

---

As for your remaining question this will depend on several things.

Often a search warrant will only be good for on person's belongings and common area in a multi-person premises.  This includes a computer in your room which he has no access to (have a password and a lock on your door) and your shit.

The problem is in this case he has already consented to the search as a paroll condition, most likely, and if you aren't home he has consented to everything.  This will end up in court and may depend on whether he had permission to consent to the search of your room.  To show that he did not have access to your room and computer and shit, you must show that he did not have permission, wasn't allowed, and activly prohibited from using your things via lock and key or other device.


Quote:

Thus, Matlock not only holds that a solitary co-
inhabitant may sometimes consent to a search of shared premises,
but also stands for the proposition that the reasonableness of such a
search is in significant part a function of commonly held understand-
ings about the authority that co-inhabitants may exercise in ways
that affect each other’s interests. ...The assumption tenants usually make about their common au-
thority when they share quarters is that any one of them may admit
visitors, with the consequence that a guest obnoxious to one may be
admitted in his absence. Matlock placed no burden on the police to
eliminate the possibility of atypical arrangements, absent reason to
doubt that the regular scheme was in place



  See: Georgia v. Randolph (attached) my emphasis



Basically your biggest threat will be your roomate will let the cops in, they will lie to find probable cause, they will lie to get a search warrant.

The only protection you have will likely be showing that you have a sepperate area of the residence where he has no access, and therefore has no ability to consent to the search (which he allready has).  Thus showing "reason to
doubt that the regular scheme was in place" Id.

IN the even you are home, absolutly refuse the police entrance, they'll probably come in anyways, but the fact that you refused will be important if you follow my instructions and create doubt over whether the police had the authority to search your room, even if it is shown they could have searched the house (which I don't think they can if your present and objecting).

I don't think this is a settled issue of law.  The paroll authority may require you to sign something to remove the issue entirely, as the supreme court case was only decided last yerar.


Don't take  my word for it though.  Fast Fred may stop by, he usually has good shit to add. Read the opinion attached for an excellent background on this issue.


Edited by johnm214 (10/08/08 06:11 PM)


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InvisibleGGreatOne234
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Re: Need Help Finding Info on Probation Laws in Nevada [Re: Crystal G]
    #7711533 - 12/03/07 03:47 PM (16 years, 1 month ago)

Quote:

Keep in mind I have no criminal record (not for felonies or anything important).





Sounds like that might change around quickly for you if you let this dude live with you. That is just my opinion.


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OfflineCrystal G
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Registered: 06/05/07
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Re: Need Help Finding Info on Probation Laws in Nevada [Re: GGreatOne234]
    #7712218 - 12/03/07 06:07 PM (16 years, 1 month ago)

Shit... alright, this is more serious than i thought.

I think i'm gonna have him live at my dad's place for a while (he will probably let him). nothings there except empty baggies and a few syringes left in random drawers i forgot to clean up.

im sure he'll clean the room when he moves in to get rid of all the evidence, but just in case he misses a baggie in a random desk or something, do u think they will prosecute him with another charge if they find it, even if his drug tests come back negative? if all the paraphernalia was originally the former resident's, do you think he will be able to prove it was so? if so, how?

ill also have to tell my dad to protect his computer with a password too.


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Invisiblejohnm214
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Re: Need Help Finding Info on Probation Laws in Nevada [Re: Crystal G]
    #7712828 - 12/03/07 08:49 PM (16 years, 1 month ago)
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The problem with parole type deals is that they don't even need to charge him to lock him up.

In most states a parole violation is a civil offense, which need not be proven beyond a reasonable doubt.  You only get due process and the state must show its more than likely he violated parole.  With all the technical rules he'll likely have (don't live in a house w/ substance use, don't associate w/ people w/ criminal record, et cet) this will be very easy.

He basically should follow the parole authorities rules as best he can and try to stay on their good side.  The rules will likely be so restrictive they can just about lock him back up whenever... as he doesn't even need to be criminally convicted to be thrown back in jail... sad but true.


Edited by johnm214 (10/08/08 06:11 PM)


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