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Probation Question- Legal Advice?


PoutyDuck

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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

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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

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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.

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...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'...

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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.

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Re: dont sweat it

 

Originally posted by RASTAKINOVER

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.

 

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.

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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.

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Originally posted by johndoe

exactly what i was gunna say....

 

but...

 

step 1: never ask legal advice on 12oz

step 2: call a lawyer

 

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.

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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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Originally posted by Smart

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.

 

Thanks for the input, Smart. Yeah, I know he's kinda fucked. It just sucks for me, because I have canvases all over my walls, thousands of flicks, sketches people have done for me, paint, everything that would raise police eyebrows. I keep my room locked when I'm not here, and there is NOTHING of mine in the common areas of the house, and nothing illegal either that cops could see. One of the walls in my backyard is painted, it's about 80 feet long, hopefully they don't notice that. Technically there isn't anything that I could get busted for, but if they try and say I'm holding shit for my roommate, it's gonna get messy. Oh well though, because if it comes to it, I have the time and money to sue for any police related injustice :)

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Originally posted by Max.Power

probation is a fucken joke bro.. ive been on it for the past 4 years... they wont search your house anyways..............

 

Like I said before, they already searched my friend's previous house. Two police, spending over an hour going through all of his shit. It happens.

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