Cobra469
Regular Member
Ok. So some interesting events have happened recently with my sister. Last year she got into a fight with her boyfriend when she had to defend herself physically. They arrested her because of her attitude towards the officers. Well since she now has no home I rent out a room to her in exchange for some part time work she does for my company. As part of her probation she cannot posses any firearms or alcohol. So today we find out her PO will be out in a few weeks for her monthly inspection.
My question is IF the conditions state specifically possession 1)if they are in a safe and/or behind a locked door of my personal bedroom, of which she has no access to, can we argue that she has no dominant control therefore has no possession? 2) if it is on my person in a holster can they argue that she may be able to acquire control therefore have possession? 3) if it were in my vehicle under my drivers seat and I was driving and she was a passenger can they argue possession? 4) If my bedroom is locked and she has no access to it according to her rental agreement from me, can they search my room without a warrant?
I have not seen this agreement she has signed so I don't know the specific wording at this time. But her PO is making the claim that absolutely no firearms or alcohol may be in the house at all ever so long as she resides there. Regardless if control has been restricted/eliminated. I can't seem to find any case law in regards to a probationer renting a room versus other living arrangements.
Doug, your comments are welcome here as I am sure you know all the places to find the info I just can't seem to Google. Not that your informative comments wouldn't be welcomed.
My question is IF the conditions state specifically possession 1)if they are in a safe and/or behind a locked door of my personal bedroom, of which she has no access to, can we argue that she has no dominant control therefore has no possession? 2) if it is on my person in a holster can they argue that she may be able to acquire control therefore have possession? 3) if it were in my vehicle under my drivers seat and I was driving and she was a passenger can they argue possession? 4) If my bedroom is locked and she has no access to it according to her rental agreement from me, can they search my room without a warrant?
I have not seen this agreement she has signed so I don't know the specific wording at this time. But her PO is making the claim that absolutely no firearms or alcohol may be in the house at all ever so long as she resides there. Regardless if control has been restricted/eliminated. I can't seem to find any case law in regards to a probationer renting a room versus other living arrangements.
Doug, your comments are welcome here as I am sure you know all the places to find the info I just can't seem to Google. Not that your informative comments wouldn't be welcomed.