MY HUSBAND WAS RUNNING FROM PAROLE AND WE WERE HEADING BACK TO OUR HOTEL, NOW THE HOTEL WAS ONLY IN MY NAME (MAIDEN NAME AT THAT) THE COPS DID A ROUTINE STOP AND NOTICED MY HUSBAND AND FOUND A NO BAIL WARRANT AND DETAINED HIM THEY SEARCHED ME AND SEARCHED THE CAR AND FOUND ABSOLUTELY NOTHING. THEN THEY WENT INTO THE HOTEL AND TOLD THE HOTEL MANAGER THEY WERE ENTERING MY ROOM. I AM NOT ON PAROLE OR PROBATION COULD I FILE UNDER UNLAWFUL SEARCH AND SEIZURE FOR THE ROOM? SINCE THEY HAD MY HUSBAND IN CUSTODY ALREADY?:angry:

I am not familiar with Cal law, but it seems to me that since you were at a public place, and they had assumed permission from the owner/manager you could not...but just my opinion...

Staci

Hello and welcome to PTO :)

It's a moot point because they didn't find anything, BUT:
There's brand new law on this topic!
Oddly, it seems to be pro-constitutional right to privacy. However, it's a hot new area and has not yet been settled. As of at least today, there's an argumant to be made that a searchable probationer/parolee doesn't bootstrap a search where someone objects who DOES have a constitutional right to privacy.
The former law says you lose, the search is just fine if the room is an area over which the parolee/probationer had apparent control. (Who signed for the room is relevant, but isn't really the issue.)
MY HUSBAND WAS RUNNING FROM PAROLE AND WE WERE HEADING BACK TO OUR HOTEL, NOW THE HOTEL WAS ONLY IN MY NAME (MAIDEN NAME AT THAT) THE COPS DID A ROUTINE STOP AND NOTICED MY HUSBAND AND FOUND A NO BAIL WARRANT AND DETAINED HIM THEY SEARCHED ME AND SEARCHED THE CAR AND FOUND ABSOLUTELY NOTHING. THEN THEY WENT INTO THE HOTEL AND TOLD THE HOTEL MANAGER THEY WERE ENTERING MY ROOM. I AM NOT ON PAROLE OR PROBATION COULD I FILE UNDER UNLAWFUL SEARCH AND SEIZURE FOR THE ROOM? SINCE THEY HAD MY HUSBAND IN CUSTODY ALREADY?:angry:

It's a moot point because they didn't find anything, BUT:
There's brand new law on this topic!
Oddly, it seems to be pro-constitutional right to privacy. However, it's a hot new area and has not yet been settled. As of at least today, there's an argumant to be made that a searchable probationer/parolee doesn't bootstrap a search where someone objects who DOES have a constitutional right to privacy.
The former law says you lose, the search is just fine if the room is an area over which the parolee/probationer had apparent control. (Who signed for the room is relevant, but isn't really the issue.)

GRYPHON, is right. if you are on parole in the state of cali. you have no search nor seizure rights. they can search whatever area you are in regardless of who's name its in. in a car, home, wherever. according to the state, as a parolee who should inform whomever your with that you are a parolee an if your in a common area living or otherwise, they have the right to search it. i know it seems unfair to the person who is not in parole or that they should penalized for it. whenever i was living w/family they all knew what could happen if parole came to do a search. an a couple of times they did, even cops did after calling my p.a. an informing them of said intentions or suspecting criminal activity. only one time they could not search the house cuz we kived in the garage although tecnically they could cuz we did have access to the house but onlt to those areas we actually used.

everybody is correct, if you are with somebody who is on parole they can search you or your place at any time. When my hubby was home they came and did a randon search and cleaned our whole place out, they went through all mY STUFF, everything, Panties, bras, drawers, everything :p

When my son was paroled they had the right to search any and all of my house because he was living with me. However I put a lock on my bedroom door and told the parole officer that he did not have access to that room. I think that they could still search it but never did any search, the farthest they went was just looked around in his bedroom like they wanted to know that that is where he was really staying.

He's a fugitive & you were helping him be a fugitive. In essence, you were breaking the law as well. I would think they have every right to search that hotel room.

I hope you don't get too much out of this. Good luck to the both of you.

Stacy