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What Privacy Can Probationers’ Roommates Expect in Minnesota?

By December 28, 2017 No Comments

A recent Minnesota Court of Appeals ruling “established case law in Minnesota regarding the Fourth Amendment rights of a non-probationer living with probationers,” reports Minnesota Lawyer. The article summarizes the ruling as follows: “A man who lived with two others who were on probation had no right to expect that police would exclude his bedroom from a search of the home.”  Judge Carol Hooten wrote in the court’s decision that to rule otherwise would create a “loophole” allowing people on probation to avoid certain restrictions if they live with non-probationers. Although courts elsewhere in the U.S. “have addressed the issue of third-party objections to a search […] Minnesota had few published opinions on the topic.”