When an officer attempts to conduct a search without probable cause and requires consent to search, is there any difference between a house(owned by you) and an apartment(owned by a third party but rented by you?) Can I refuse consent to search my apartment just as I could my house, or would the owner of the complex, or a representative of that owner, be able to consent for me since it is their property, but it is rented by me? In the same regard, is anything conducted by the search my responsibility? It would serve logic that if the items yielded from the search are my responsibility, consent to search and thus find those items would be at my discretion unless there is probable cause or a warrant. Also, what constitutes probable cause? If 4 teenagers enter an apartment, can an officer say that's probable cause to search because "those teenagers must be smoking weed and drinking" I live in Texas by the way.
2007-11-08
15:31:15
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9 answers
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asked by
eric s
2