When two people have equal control of a house, can one person give consent, if the other person is present and objects to a warrantless search?
2007-01-25 13:30:32 · 5 answers · asked by ? 5 in Politics & Government ➔ Law & Ethics
What do you mean- equal control- does that mean that you both rent an apartment? If so... I would say no- they can't come in without a warrent. There would be no reason for them to unless they had a damn good reason either. I have been doing a lot of research in this area lately and it seems that warrentless searches are illegal subject to some exceptions. One of those exceptions is consent- if you weren't there at the time- your roommate could consent BUT if you were both there at the time and you objected- the police should error on the side of caution and get a warrant. P.S. Why would the other person consent- it isn't like the cops or a judge can hold it against you that you made them get a warrant.
2007-01-25 13:42:39 · answer #1 · answered by katiekat 3 · 0⤊ 0⤋
Why would you give consent to a warrantless search of your home? Unless you are on state parole supervision or possibly county probation, in which cases you must allow warrantless searches, you do not have to give entry to your home.
2007-01-25 13:47:02 · answer #2 · answered by Rhode Island Red 5 · 0⤊ 0⤋
The first person can give consent to his/her personal areas AND areas in common (like the kitchen, bathroom, living room etc.) but not the personal areas like separate bedroom.
If the share a bedroom, then the second person's private area (dresser closet etc) is off limits.
2007-01-25 13:45:24 · answer #3 · answered by Anonymous · 0⤊ 0⤋
that will prevent entry into your personal areas
but either can consent to the common areas
hope nothing is in plain sight. unless the search is being conducted subject to an arrest and they are looking for weapons
2007-01-25 14:00:56 · answer #4 · answered by illusionaryr 2 · 0⤊ 0⤋
That's a question you need to take up with a lawyer. Opinions are like rear ends. Everyone has one and they all stink.
2007-01-25 13:39:54 · answer #5 · answered by mustanger 5 · 0⤊ 0⤋