Who You Live With and Your Right to Privacy

Our United States Constitution grants us tremendous protections and liberties. We go to sleep at night and take it for granted that we no worries about the police or government entering our homes. Now, taxes are another story, but that's a topic for another day (or never).

But, what happens to your 4th Amendment Constitutional rights when you knowingly reside with someone on probation? There an immediate balance of two things: The government's right to investigate those on probation vs. Your right to privacy or unwanted intrusion. The interests are opposite and cannot be perfectly reconciled.

According to the Minnesota Court of Appeals, in the above competition, the innocent party has a "diminished expectation" of privacy from government intrusion. Even if you, the innocent, object to the intrusion and even if the government does not have a warrant to be in your home, the government can lawfully enter your residence. Once in, everything is fair game.

Keep this in mind when choosing your housemates, who you are renting to as a landlord, and other similar situations. The government's ability to enter your home has been affirmed, but being aware of the possibility may help avoid the unwanted visitors.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site.

Related Posts