Roommate under house arrest?
Individuals on house arrest generally consent to searches of their person, residence and possessions which include areas of the residence over which they have common authority. In Indiana, a person not on house arrest who shares a residence with a house arrest participant assumes the risk that they will have diminished Fourth Amendment rights in areas shared with the participant.
In McElroy v. State, the Court of Appeals found no violation of the Fourth Amendment when the police searched the kitchen and seized a handgun the belonged to the defendant, the stepfather of a home detention participant.
With over 35 years of handling thousands of criminal cases, Steven Knecht is familiar with the possible defenses to criminal charges. If you find yourself having been arrested, you should immediately hire an experienced criminal defense lawyer that you can trust such as Steven Knecht to help you fight the State because you have a lot at stake on the outcome.
Filed to Ask a Lawyer, Criminal Defense
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