When someone living in a shared home is served with a search warrant for their residence, another roommate may have their private room explored as well, even if a “No Trespassing” sign is posted.
State v. Boyles
When law enforcement officials began a search on the home of James Fitts who they had under investigation, they were unaware that a locked room with a “No Trespassing” sign belonged to another roommate, Evan D. Boyles. After forcing their way into the locked private room, they discovered drug paraphernalia and arrested Boyles after he stated the room was his. Boyles attempted to have the evidence suppressed in court since Fitts was the target of the search warrant, however that motion was denied.
Vague search warrant
Although officers may have known which bedroom belonged to Fitts, they claimed to be unaware that the “No Trespassing” sign meant a private room. Typically, a search warrant will specify which areas of a residence can be searched and what items are being located however the search warrant obtained for Fitts’ residence allowed officers to search every inch of that property. It stated “all outbuildings, garages, sheds, vehicles, trailers, boats, locked containers, and other property contained within the property lines (. . . )” could be searched.
Protection for roommates
Sharing a residence with others definitely has its ups and downs. While the cost of living may be decreased with more individuals splitting the bills, there is a diminished sense of privacy that comes with the territory. Just as labeling food in a fridge is common practice among roommates, clearly labeling private bedrooms can also be helpful in the unfortunate event that a search warrant is placed on the home. Had Boyles’ room stated that it was the “private room of Evan Boyles” instead of simply “No Trespassing” officers would have to be aware it was a separate residence. A more specific sign could have made the difference in whether or not Boyles’ charges were dropped. For more information on Fourth Amendment Rights regarding search and seizures, contact a criminal defense attorney.