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IL: When a probationer lives with a non-probationer, there must be RS a containter is controlled by the probationer to search it

By John Wesley Hall, Jr.

Living with a probationer reduces one’s expectation of privacy. There must be reasonable suspicion to believe that the object at issue was under the control of the probationer for a search to occur. People v. Seiler, 2010 Ill. App. LEXIS 1385 (December 22, 2010): The question then becomes whether Kelly violated defendant's fourth-amendment rights by removing the container from defendant's possession and opening it after defendant grabbed the container on a table in a common area of the house. Both parties agree this appears to be a question of first impression in Illinois. Both parties also agree on the proposition that, in order to search a particular item during a warrantless probation search, the probation officer must have reasonable suspicion the item in question is owned, controlled, or possessed by the probationer...continue to full post

Full post as published by Fourth Amendment on January 02, 2011 (boomark / email).