context: According to the Manual, "When conducting a search where the offender is a cohabitant, the search will entail only the offender's assigned area of the residence, unless the third party agrees to a search of their area by signing [a consent form]." Probation and Parole Manual eh. 3, at 4 (Dec. 1, 1992). The officers searched only the common areas of the residence and the one bedroom Cantley had previously identified as his. Ms. Cantley's consent was not needed to search those areas.
citation_a.signal: see
citation_a.identifier: 748 P.2d 1069, 1073-74
citation_a.parenthetical: holding warrantless search of common areas of parolee's apartment, which he shared with his mother, was lawful even though parolee's mother may not have consented to the search
citation_a.sentence: See, e.g., State v. West, 185 Wis.2d 68, 517 N.W.2d 482, 491 (1994) (“[T]he parole search may extend to all parts of the premises to which the probationer or parolee has common authority, just as if it were a consent search.”); State v. Johnson, 748 P.2d 1069, 1073-74 (Utah 1987) (holding warrantless search of common areas of parolee’s apartment, which he shared with his mother, was lawful even though parolee’s mother may not have consented to the search); see also 4 Wayne R. LaFave, Search and Seizure; A Treatise on the Fourth Amendment § 10.10(d), at 778 n. 89 (3d ed. 1996) (“If the ... parolee is sharing living quarters with someone else ... the [warrant-less] search may nonetheless extend to all parts of the premises to which the ... parolee has common authority.”); cf. United States v. Davis, 932 F.2d 752, 758 (9th Cir.1991) (rejecting co-defendant’s argument that officers exceeded scope of warrantless search of probationer’s residence when they searched safe which was under the apparent joint control of probationer and co-defendant, and stating item must be “owned, controlled, or possessed” by probationer in order for item to fall within scope of warrantless search).
citation_b.signal: cf.
citation_b.identifier: 932 F.2d 752, 758
citation_b.parenthetical: rejecting co-defendant's argument that officers exceeded scope of warrantless search of probationer's residence when they searched safe which was under the apparent joint control of probationer and co-defendant, and stating item must be "owned, controlled, or possessed" by probationer in order for item to fall within scope of warrantless search
citation_b.sentence: See, e.g., State v. West, 185 Wis.2d 68, 517 N.W.2d 482, 491 (1994) (“[T]he parole search may extend to all parts of the premises to which the probationer or parolee has common authority, just as if it were a consent search.”); State v. Johnson, 748 P.2d 1069, 1073-74 (Utah 1987) (holding warrantless search of common areas of parolee’s apartment, which he shared with his mother, was lawful even though parolee’s mother may not have consented to the search); see also 4 Wayne R. LaFave, Search and Seizure; A Treatise on the Fourth Amendment § 10.10(d), at 778 n. 89 (3d ed. 1996) (“If the ... parolee is sharing living quarters with someone else ... the [warrant-less] search may nonetheless extend to all parts of the premises to which the ... parolee has common authority.”); cf. United States v. Davis, 932 F.2d 752, 758 (9th Cir.1991) (rejecting co-defendant’s argument that officers exceeded scope of warrantless search of probationer’s residence when they searched safe which was under the apparent joint control of probationer and co-defendant, and stating item must be “owned, controlled, or possessed” by probationer in order for item to fall within scope of warrantless search).