Can my friend reverse his plea? What is all involved?

Georgia v. Randolph, 547 U.S. 103 (2006), is a case wherein the U.S. Supreme Court held that without a search warrant, police had no constitutional right to search a house where one resident consents to the search while another resident objects.

In a 5-3 opinion written by Justice David Souter, the Court held a co-resident could refuse consent to a police search, even if another resident consented, specifically:

The question here is whether such an evidentiary seizure is likewise lawful with the permission of one occupant when the other, who later seeks to suppress the evidence, is present at the scene and expressly refuses to consent. We hold that, in the circumstances here at issue, a physically present co-occupant's stated refusal to permit entry prevails, rendering the warrantless search unreasonable and invalid as to him.

The Court's decision distinguished its previous rulings in Illinois v. Rodriguez, 497 U.S. 177 (1990) and Matlock. In Rodriguez and Matlock the police obtained voluntary consent from a co-occupant at the residence, and found evidence implicating another resident who was not present when the police obtained consent. The Court said that the present case was different from the previous two in that the co-resident was not present to refuse consent to the search. In Rodriguez the co-occupant who later objected to the search was asleep in a bedroom within the residence; in Matlock the later-objecting co-occupant was located in a nearby police vehicle.

In the situation you describe, the probationer who was to be searched had undoubtedly waived his 4th Amendment rights in his probation agreement. Because other occupants of this multiple tenancy apartment did NOT waive their rights, the police had no right to search without their consent. (I am assuming that they were not all on probation.) Instead of expecting the police to respect their privacy, the other tenants should have refused to allow them to enter the house without a warrant. You can expect the police to lie in this case and whenever something like this comes up. They will undoubtedly claim that they had either express or implied consent from all tenants present to search everything, and it wouldn't help you if you had 100 witnesses to the contrary -- the judge will take their word for it every time unless one of them decides to tell the truth (unlikely) or you can produce videotape evidence.

It's so lovely to live in a police state.

Once they get into your house, they can claim that things they find which are not related to what they were supposedly searching for are "plain sight exceptions." So your friend is up the creek. I think he better go with the Public Defender's recommendation.

NEVER, EVER let the police search you, your house, or anything else voluntarily. Let them get a warrant. It's easy enough for them to do. It will NOT "go easier for you" if you cooperate. It will just make it easier for them to put you in jail.

The search was NOT highly illegal. When someone is on probation, you don't set the standard for what the probation officer and police can and cannot search. They can search every inch of the house the tenant that is on probation can have access to. That is why they did not listen to what the people said and what they said makes no difference.

Your friend can retract his guilty plea, but he will go to trial and can be found guilty because the search was not illegal.

---- If they had entirely different living quarters, such as an apartment or a duplex, they could not enter, but if people have shared areas, any room in the entire dwelling is free to be searched. If that was not the case and I'm on probation, I could hide my things in your room while I'm on probation. It's a loophole probation has closed.

i think of i visit stick without to boot. You act like a newborn, once you're a newborn, properly develop up. while you're grown up (which i assume you're in view which you chosen to smoke weed) then could Allah instruction manual you interior the main appropriate direction. Salaam p.s Forgivness is from Allah, no longer or all and sundry right here, If he forgives then you definitely it is sufficient for all persons.