Can a probationer search a common area of a residential property, shared by nonprobationers, without a warrant, without authorising a search?

California, United States of America


The following excerpt is from People v. Rivers, C085514 (Cal. App. 2018):

A warrantless search, justified by a probation search condition (or, by analogy, a PRCS search condition), "may extend to common areas, shared by nonprobationers, over which the probationer has 'common authority.' " (People v. Smith (2002) 95 Cal.App.4th 912, 916 (Smith).) The "common authority theory" rests " 'on mutual use of the property by persons generally having joint access or control for most purposes, so that it is reasonable to recognize that any of the co-inhabitants has the right to permit the inspection in his own right and that the others have assumed the risk that one of their number might permit the common area to be searched.' " (Ibid.)

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