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Probation Question- Legal Advice?

Discussion in 'Third Rail' started by PoutyDuck, Aug 31, 2004.

  1. PoutyDuck

    PoutyDuck Member

    Joined: Dec 2, 2000 Messages: 402 Likes Received: 0
    Recently a long time friend of mine became my new roommate. Unfortunately, he has been convicted of misdemeanor vandalism, and as a result he is on probation and can't posess any graffiti related items such as paint, markers, incriminating photos, and all of the other obvious objects.

    My question is in regards to how much authority the police have. I'm not a writer, so I don't stress *too* much. I do however have thousands of photos, hundreds of magazines, cans, canvases, etc. that I would hate to have searched and/or confiscated. I have a lock on my bedroom door, my parents own the house, and I have full rights to exert any measures that I deem necessary in regards to denying police access. Can they search my room? My house?

    Thanks for the advice,

    -Quack
     
  2. wacytabacy

    wacytabacy New Jack

    Joined: Aug 29, 2004 Messages: 74 Likes Received: 0
    not without a court order, A WARENT and/or A probable cause witch they probably could if your friend lives with you... i learned that shit in us history & govn't... i feel smart
     
  3. gnamla

    gnamla New Jack

    Joined: Apr 20, 2004 Messages: 36 Likes Received: 0
    since your friend living with you is on probation police can search where he lives (where you live also) pretty much anytime they want so i dont know what to tell you really, but try and keep all the shit at someone elses house or something if you dont want your friend to get in trouble
     
  4. ¤¤FoRGE²¤¤

    ¤¤FoRGE²¤¤ Member

    Joined: Jun 12, 2004 Messages: 929 Likes Received: 0
    this is a good question....but i think if they come and you take responsibility for it youre still fucked just for having that stuff anyway.......................
     
  5. RASTAKINOVER

    RASTAKINOVER Member

    Joined: Jul 8, 2003 Messages: 527 Likes Received: 0
    dont sweat it

    probation officer sometime make home visit but ive never had a probation officer look threw my room they just come and see how your doing if you on house arrest and make sure your home on time if they gave your friend a curfew.ive been on probation many times and still am never had a police officer search my room for no reason they need a warent for thatttt.
     
  6. porque

    porque Senior Member

    Joined: May 5, 2002 Messages: 1,844 Likes Received: 0
    ...you don't write?...what the hell are you doing in a graffiti forum?...

    ...the answer to your question is no...spray paint is not illegal, photos are not illegal (unless you're a pedaphile) canvas is not illegal...not to mention that he's the one in trouble not you so they can't search your stufff...adn even if they did, what do you care if you don't write in the first place?...you don't even have to lie to get your stuff back...you can tell them with a straight face that you just think 'graffin is cool'...
     
  7. destroyall

    destroyall New Jack

    Joined: Jan 9, 2001 Messages: 4 Likes Received: 0
    if your friend is on probation they dont always need a warrant to search. his right to that may have been taken away. as for all of the graff in your room, i think its straight. its your property, if they come knocking, tell them you own all graff related materials in that house. oh, but dont keep them in his room obviously.
     
  8. PoutyDuck

    PoutyDuck Member

    Joined: Dec 2, 2000 Messages: 402 Likes Received: 0
    Re: dont sweat it

    When he was living at his old house, two officers came by and searched his room for over an hour. They looked through all of his photos, everything.
     
  9. JohnnyLode

    JohnnyLode Member

    Joined: Jun 20, 2003 Messages: 460 Likes Received: 0
    If you have a locked door to which he does not have access to they usually can not search it. I wouldn't quote me on that because I'm pretty sure it varies from state to state.

    This would be the same as if he lived at home with his parents and he wasn't allowed access to the garage (it's locked), then during a search they wouldn't be able to go through the stuff. I only think this is for when you are on probation though, being raided though I would say is probably a different story. Depending on the terms of the probation, any officer can come into the place of residence at any time to search any rooms that the person on probation can get too.
     
  10. parcheesey

    parcheesey New Jack

    Joined: Nov 11, 2002 Messages: 0 Likes Received: 1
    exactly what i was gunna say....

    but...

    step 1: never ask legal advice on 12oz
    step 2: call a lawyer
     
  11. snowkid

    snowkid Member

    Joined: Feb 18, 2004 Messages: 398 Likes Received: 0
    why do you have the cans?
     
  12. PoutyDuck

    PoutyDuck Member

    Joined: Dec 2, 2000 Messages: 402 Likes Received: 0
    Rather than just be a nameless toy, I decided almost a decade ago that I'd take photographs and whatnot, and one day eventually publish a book with my photos. Call me a jocker, call me whatever. Life goes on.
     
  13. PoutyDuck

    PoutyDuck Member

    Joined: Dec 2, 2000 Messages: 402 Likes Received: 0
    Lots of people collect cans... Montana... old Krylon...
     
  14. KanFeumz

    KanFeumz Member

    Joined: Jul 4, 2004 Messages: 390 Likes Received: 0
    HOW OLD ARE YOU? ISNT PAINT LEGAL IF YOUR 18 YEARS OLD....
     
  15. Smart

    Smart Dirty Dozen Crew

    Joined: Apr 14, 2000 Messages: 17,017 Likes Received: 175
    For him it's shit, warrentless searches and all are allowed, conditions of probation, generally...

    For you, however... you can't stop cops from searching his room but they 'aren't allowed' to see much else in your house unless it's like weed laying out or drunken teens who can't shut up...

    I would use it as an excuse to clean up both your acts, get your poop in a group, and so on...

    Also, move all graff items, mostly paint and markers into a neutral spot, or better, somebody else's house... don't leave any of that shiot in his room though, that could get him busted and you investigated...

    MOST importantly, this proably won't be an issue ever but... better safe than sorry.
     
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