Cal.6th: In probation search, roommate’s stuff couldn’t be searched; “widely shared social expectations” show privacy rights

Defendant was living as a roommate of a probationer in a clearly separate room. A probation search could not include her separate living space, dresser drawers, and her purse. “The question is what ‘widely shared social expectations’ govern defendant’s privacy in this converted room. (Georgia v. Randolph (2006) 547 U.S. 103, 111.) It is significant that the probationer was not merely an unrelated adult housemate, but apparently the resident leaseholder of the premises, as the magistrate found.” “The presence of an overnight guest should prompt a searching officer to pause and consider the guest’s privacy expectations before intruding into an area assigned to the guest. In our opinion, it flouts widely held social expectations to define joint access as simply having the physical ability to open a door, walk into a room, and open drawers.” People v. Carreon, 2016 Cal. App. LEXIS 535 (6th Dist. June 30, 2016).