When you are granted probation you are given a grant of leniency based on certain conditions. One of these conditions is that you submit to a search of your person, home, car or property, at any time of the day or night, with or without probable cause. That eliminates any objection a probationer can make to any search of which he is the target. But what about searches where he is not the target?
Illegal Search of Another's Property
Suppose you stay a couple of night's a week at your auntie's house. Your auntie is not subject to any search condition; can you keep your stash at her house? Not without being searched. Even if the police enter your auntie's illegally and find that you stay there part of the time they can toss the house even though your auntie is not the target of the search.
You're riding with your friend Earl in Earl's car. Earl has no search condition. His car is stopped with probable cause (he ran a red light). Can they seize your dope in his glove compartment (Earl has no search condition). Yes, even if they violate Earl's rights in searching the glove compartment. You cannot object to a violation of a third party's rights even though in the end the damage that's done is to you.
What's the moral? If you agree to the search condition in order to get out of jail you will be hounded remorselessly by cops even when you are on the property of other people. You'll have to learn to live with this for 3-5 years. If you don't accept the search condition you may have to do some time. You have to decide what's easier to live with: some state prison time or a cop in your pocket every time you turn around for 5 years.
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