Can Ex-Wife Order Search of House

[steviewonderfan]

My question involves criminal law for the state of: South Carolina

Can my ex order a search be conducted on my house by law enforcement? we have joint custody...she has primary. i have smoked marijuana in the past. would i be subject to endangerment only if kids are around?

[jk]

Your spouse cannot order anything of the sort. Of course, she can report what she knows and if the cops find it adequate to obtain a search warrant, they can request one and then execute it.

If she is still listed as a resident of the home, she can let the police in her home though.

what do you mean: would you be subject to endangerment? How would you be in danger?

[steviewonderfan]

By endangerment, I meant could I be cited for endangerment if search is executed on my weekend with kids. How sure are you that she cannot order a search?

[jk]

because there are legal requirements that must be followed for the police to enter your home without your permission. As I said, if she is still considered to be a resident, she can let the police in to search anytime she wants. If she isn't, the police have to have a search warrant supported by probable cause to search your house.


and you think the air in your house becomes magically clean if you haven't smoked in the last 5 minutes?

[steviewonderfan]

Thanks for the advice. No, she is not a resident of the house; I gave her the house and now have my own.

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Just out of curiosity, what are some of the legal requirements you mentioned?

[jk]

somebody telling the cops they observed illegal drugs in your house. The cops then go to a judge and ask for a warrant. If they judge issues a warrant, they come and look around.

[steviewonderfan]

Thanks again for your help.

[PandorasBox]

I wonder about this scenario:

Kids come home to mom with their clothes carrying the unmistakable smell of pot. Couldn't she then turn the kids clothing over to the cops to get that Probable Cause warrant?

[indybail]

How would this scenario work for you? You never have or consume marijuana in your home at any time from this point forward.

Would this decision end any concerns you may have concerning your future relationship with your children and/or any contact with law enforcement?

If so, I think you have an answer.