State v. West, 941 N.W.2d 533

Frank West was staying as a guest at a Grand Forks residence where the probationer, the probationer’s wife, and two children lived.
The probationer was subject to a written probation search condition and was in custody serving a 30-day sanction (probation not revoked).
Officers received reports of the probationer’s wife making straw firearm purchases and of possible drug sales from the residence; the probation officer and local police conducted a warrantless probationary search to investigate probation violations.
Officers entered without knowing West was present; they found West asleep on a couch, ordered him to show his hands, and he disclosed a handgun between cushions.
Officers searched common areas, opened a suitcase in the living room, recovered marijuana which West then claimed, and West moved to suppress the evidence as the product of an unconstitutional search.
The district court denied suppression (ruling it was a valid probationary search and West forfeited suppression by not objecting); West conditionally pled guilty and appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of warrantless probationary search when probationer absent/in custody	Search was authorized by probationer’s written search condition and supported by reasonable suspicion (reports of firearms/drug activity)	Search lacked a probationary purpose and was a pretext for a criminal investigation; guest’s Fourth Amendment rights were violated	Search was valid: probationer remained subject to conditions while in custody and officers had reasonable suspicion to search for firearms and contraband
Whether guest forfeited right to suppression by not objecting during probationary search	Under common-area/co-occupant consent rules and Hurt precedent, a non-present co-occupant who does not object forfeits suppression of items found in common areas	Guest (West) retains expectation of privacy and cannot be bound by a third party’s probationary consent	Guest forfeited suppression: contraband was in a common area, West did not object or assert ownership before search, so Hurt applies and suppression is unavailable

State v. Hurt, 743 N.W.2d 102 (N.D. 2007) (co-occupant who is absent and does not object forfeits suppression of evidence found in common areas during a probationary search)
State v. Stenhoff, 925 N.W.2d 429 (N.D. 2019) (probation conditions remain in effect while a probationer is in custody; probationary search upheld where reasonable suspicion existed)
State v. Ballard, 874 N.W.2d 61 (N.D. 2016) (standard of review for suppression rulings; discussion of suspicionless probationary searches)
State v. White, 920 N.W.2d 742 (N.D. 2018) (probationary searches based on reasonable suspicion can be constitutional)
State v. Krous, 681 N.W.2d 822 (N.D. 2004) (search-condition probationer’s consent treated as authorization for warrantless searches)
United States v. Padilla, 508 U.S. 77 (U.S. 1993) (third-party standing limits: ordinarily one cannot assert another’s Fourth Amendment rights)
United States v. Salvucci, 448 U.S. 83 (U.S. 1980) (search violates rights only of those with a legitimate expectation of privacy)
Rakas v. Illinois, 439 U.S. 128 (U.S. 1978) (framework for standing/expectation of privacy in Fourth Amendment claims)