questions & answers

Question: So one of my good friends is a felon for drug charges. He is currently on probation. My issue is I give him rides to help him get on his feet. I have also allowed him to stay at my house when things get bad with his family. Does him being in my car or house allow the police to search it without probable cause? I am sometimes in Scottsdale or phoenix too. Do the laws change there? I believe I should be entitled to basic constitutional rights, but does being with a felon remove my rights?

Answer: The Fourth Amendment provides the right for people to be secure in their homes, cars, persons, and effects, against unreasonable searches and seizures. Each person is guaranteed this right and it cannot be violated simply by being with another person who has committed a felony. While Adult Probation may have had your friend consent to waive certain rights, these waivers are not then transferred to you just because you are associated with him. Just because your friend is in your care or especially your house, they would still need probable cause to search your home given the expectation of privacy within your home. In your car however, an officer only needs reasonable suspicion to pull you over. So if you are driving with a friend and are pulled over and the officer believes he has probable cause to search the vehicle and your person, he can search you and your friend and both be held accountable should the officer find criminal activity afoot. The laws do change when driving between Scottsdale or Phoenix, given that they are different municipalities. But, certain cases depending upon their nature, will be docketed/held in Phoenix. You are entitled and have constitutional rights. You can read more about those constitution rights at www.constitution.org.