can the police search the house completey even though u give them permission?

Question

if the guy gives them permission and he doesnt live there do the cops have the right to turn the house in side out? if they have any reason to believe there is any drugs in side or drug dealing?

his wife is in housing she and her kids are the only ones living there but she permitted her husband to live there as well. anyways she was there at the time the cops got there, the husband opened the door and asked him if they can search the house he and she said YES mostlikely thinking the cops werent gonna find nothing. this guy is my brother in law "dislike him" i think the cops were already keeping a look out on him or someone reported him "good".but my wife his sister wanted for me to ask this to findout if the cops had the right to search, i think they did the right thing "throw his *** in jail hahahaha".

Answer 1

The search is allowed if the person that granted consent has an interest in the house (i.e. has an expectation of privacy in the house). For example a guest in a house may be allowed to grant consent to search a house or part of it they are staying in depending on their expectation of privacy.

If an officer has valid consent (or what they believe to be valid consent to search a house- see Illinois v. Rodriguez) they may enter a house and search for evidence and seize anything they have probable cause to believe is evidence of a crime. Yes I mentioned that the person may not even be able to legally grant consent. That does not mean that when the court learns this the search and evidence will be thrown out of court. If the officer reasonably believes a person can grant consent then the consent and search may be valid.

Here's a link:
http://www.law.cornell.edu/supct/html/88-2018.ZS.html

Let's not muddy the waters here. It is true that the courts tend to protect your home more stringently then your car and only less then your body. However, we are talking about consent searches here not search warrants. If I have probable cause then it is nothing for me to get a search warrant. If I don't I can always opt to try for consent.

Answer 2

The only person that can give the police permission to search the house are the residents of the home. Now if it is a case where there are multiple but separate renters in the home. Then a resident can give the police permission to search his their belongings only. Any shared living spaces or other rooms/belongings that are the property of others have to authorized by the all owners for voluntary search. So the if you are renting with someone and they are doing drugs or have unregistered firearm(s) or something else illegal and you are not there when the police get there, the police can only search their living space, i.e. bedroom. Any other shared living spaces will have to wait until either you get home and agree to a search or the police get a warrant.

If the police have searched the home and find incriminating evidence, but the search was conducted with the permission of an individual that does not reside there then all the evidence could be thrown out.

Answer 3

Amazing... only one answer was right so far. The rest were just ignorant of the law.

The police can search any place, without a warrant, with consent of a person who has 'standing' in the place to be searched. If the person who consents reasonably appears, by information provided or obtained, to have standing, the search will most likely not be ruled illegal.

"If they don't have a warrant, they can't do it." Ignorant
"If they get consent from anyone, they can do it." Equally ignorant.

It is all based on, as stated above, the reasonable belief or knowledge that the person giving consent has possessory interest over the place to be searched. That is it. Ultimately, what gets you legally in the house, making the search legal, is not the same burden that makes the results of that search admissable in court. While the search can be ruled legal based on the info presented to the officers, later court proceedings can simply rule the legally obtained items can't be used in court if other info comes out.

There is not a simple answer to this. Wait, there is, the officers can enter and occupy the house to ensure no person is hiding inside or destroying evidence. Once secured, a warrant should be obtained. Everything seen during the protective sweep, in plain view, can be included in the warrant. With warrant in hand, behold the awesome power of the government!

Answer 4

No, they have no right to give permission and they should have ascertained that before the search. They are the stupid ones, anything found was gained unconstitutionally and can't be used!

If they have as "reason to believe", they need to go to a judge outlining the probable cause for the search and get an order.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


Supreme Court Limits Police Searches of Homes

By DAVID STOUT
Published: March 22, 2006
WASHINGTON, March 22 — A bitterly split Supreme Court, ruling in a case that arose from a marriage gone bad, today narrowed the circumstances under which the police can enter and search a home without a warrant.

Text: Opinion (Georgia v. Randolph)

Forum: Issues Before the Supreme Court
In a 5-to-3 decision, the justices sided with Scott F. Randolph of Americus, Ga., who was charged with cocaine possession in 2001 after his wife, Janet, called the police during a domestic dispute, complained that her husband was using cocaine and then led the officers to a bedroom, where there was evidence of cocaine abuse.

The issue before the justices was one that has long caused confusion in state courts: whether the police can search a home without a warrant if one occupant gives consent but another occupant, who is physically present, says "no." The majority held today that at least under some circumstances, such a search is invalid.

Here are a Few Major Exceptions, where the police can search a home without a warrant, under the expansive Supreme Court decisions:
Evidence of a crime laying in plain sight, Criminal activity visible from outside, likelihood of destruction of evidence, iminent threat of harm, PERMISSION of a person with authority such as a tenant or owner.

The Supreme Court’s exception for “permission of a tenant” was at issue in Georgia v Randolph
In Randolph, the police wanted to search a home but lacked a warrant.

The police asked one tenant for permission to search. The tenant said “Ok to search”. The co-tenant then spoke up, saying “NO!”

The police searched anyway.

The USSC ruled that the co-tenant, who was actually present, had the power to overrule the permission of the other, and the officers should not have searched without a warrant.

Furthermore, the officers could have waited outside the house for the warrant to arrive, preventing anyone from leaving. So there was no compelling need for the officers to ignore the co-tenant’s objection.

http://www.radmod.com/2006/law-courts/georgia-v-randolph-objection-means-need-warrant-says-ussc/

In your case the persons home it was wasn't home to say no! I feel under this decision no court would allow the police to use the authorization of someone who doesn't have a right to authorize a search, That was easily determined by the police.

If they had cause they would have been staking the house for a period of time or had a credible informant. They still would have had to get a warrant. Most of those type busts are done when selling to a cop, if drug related!

Answer 5

If the guy in the house has been granted permission to be in the house and can act in place of the homeowner in any legitimate decision making process (ie: if its hot can he turn on the a/c?) then he has been granted custodial guardianship of the residence until the legal owner return or he departs. Can he allow a delivery man in the house? Yes. Can he grant permission for his mother to enter the house? Yes. Then he can grant permission for the police to do a consensual search of the house in any scope they ask for. He can also revoke the permission but the search will be 100% legal and in accodance to case law for about the past 15 years.

Answer 6

It doesnt seem right because they need the owners permission or permission from the person leasing to search. If they have a search warrant they have to serve the search warrant on the owner. Do they do it anyway? yes. Do they get away with illegal acts? yes. Do they commit breaking and enterings with the intent to commit larceny from a computer by installing keylogging software? Yes. Do they place listening devices in violation of privacy laws?.. YES. Conclusion - Those kind of police are criminals.

Answer 7

I agree with those who say the police CAN search the house if they believe that the person who gives consent has the right to do so ... whether they are renter or guest.

The way I look at it, if you are comfortable opening the door of a house you don't live in, then you are familiar enough with the household to be able to give consent. If you are a thief or unwanted guest, then I suppose it's a good thing the police are standing at your door eh? lol

Answer 8

Once you give them permission, you already have waived your right. The next time, when somebody, cops in particular, and want to make a search, ask them for a warrant. If they have none, tell them to get one. They won't insist though, unless they flagrantly saw something illegal right inside your domain, a warrant is not necessary for them to turn your house inside out! No need to worry if you're clean, right? If its the other way around, clean up while the police is away getting a paper!

Answer 9

In a situation like this, they would probably only search "common" areas as the person granting permission to search is not the owner of the property. If they located anything in the common areas, they would then go get a warrant for the rest of the premises.

Answer 10

So, one of the first things they would ask is if said 'guy' was the owner of the property.

These days it's always safer to get a warrant no matter what. Even if there's a dismembered body in plain sight on the living room floor.