Can a Long-Term Houseguest Give Consent to Search Home
I have a question about police searching a home with consent I hope this is the correct forum' please let me know if I am wrong.
I don't want to go into a long winded post so I will just give a shorter version.
If a person has a live in girlfriend/significant other living with you and a month prior the police were told specifically that it is my house and she doesn't have the authority to let anyone in the house without my permission, and if a month later they came to the house and she let them in and consented to a search of the house could they do so? I realize she could let them in but could she consent to a search?
Re: Consent to Search Home
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rinel269
I have a question about police searching a home with consent I hope this is the correct forum' please let me know if I am wrong.
I don't want to go into a long winded post so I will just give a shorter version.
If a person has a live in girlfriend/significant other living with you and a month prior the police were told specifically that it is my house and she doesn't have the authority to let anyone in the house without my permission, and if a month later they came to the house and she let them in and consented to a search of the house could they do so? I realize she could let them in but could she consent to a search?
It depends on the totality of the circumstances. Circumstances can change in a month. But, more importantly, what the police were "told" is irrelevant. If the girlfriend/significant other living with you had the right to consent, she can consent. The issue you may be reaching for is more akin to Georgia v. Randolph, 547 U.S. 103 (2006).
However, there, the court held:
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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.
Re: Consent to Search Home
OK, what I was going on was "if consent was give by a person reasonably believed to have the authority to give consent no warrant is needed for a search or seizure." I had just thought if they knew she didn't have the authority that might relevant.
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rinel269
OK, what I was going on was "if consent was give by a person reasonably believed to have the authority to give consent no warrant is needed for a search or seizure." I had just thought if they knew she didn't have the authority that might relevant.
What makes you think she did not have "authority"? If she had a right to be in the house, she has the right to give consent. Authority is not a gift you bestow or remove on others because you own a property. A child can consent to search in all the places he has a right to be. Or, a roommate. There, the problem changes a little if a roommate had no right to be in something like the other roommate's bedroom. Because a person has no right to be in a place in the house, he cannot really consent to a search there. If it happens, we go back to the totality of the circumstances to see what the police reasonably believed to be his power to consent. Say there was a big sign on the door, "roommate keep out" and there was a lock on the bedroom door the person giving consent did not have a key to. Then, it would be pretty clear there was no "authority" to give consent and that after the police kicked/jimmied the door and found contraband it would not be admitted under consent justification. (Again, based on all the facts.)
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rinel269
I have a question about police searching a home with consent I hope this is the correct forum' please let me know if I am wrong.
I don't want to go into a long winded post so I will just give a shorter version.
If a person has a live in girlfriend/significant other living with you and a month prior the police were told specifically that it is my house and she doesn't have the authority to let anyone in the house without my permission, and if a month later they came to the house and she let them in and consented to a search of the house could they do so? I realize she could let them in but could she consent to a search?
What state are you in? Understand that different circuit courts of appeal may have some different case law.
In my state a co-occupant can permit the search of common areas unless the other (objecting) occupant (owner or not) objects to it AND is present.
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I see, one more question, if she can give consent to search the home, can she give consent to anywhere in the home? For example, the basement, garage, attic if she never goes in these areas?
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rinel269
I see, one more question, if she can give consent to search the home, can she give consent to anywhere in the home? For example, the basement, garage, attic if she never goes in these areas?
I think the posters above were pretty clear, if she had the right to be in those areas then she can give consent to search them. The fact that she doesn't spend time in those areas has no bearing on the situation. As said earlier if it was clear she was not permitted in those areas then she would not have had the right to give consent.
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rinel269
I see, one more question, if she can give consent to search the home, can she give consent to anywhere in the home? For example, the basement, garage, attic if she never goes in these areas?
Not necessarily. See cdwjava's comments on common areas, above. The place a long-term house guest would normally not be permitted to authorize a search would be another person's bedroom, but if this is your girlfriend then she probably shares the bedroom.
Identify the state and share the relevant facts.
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brownj12
I think the posters above were pretty clear, if she had the right to be in those areas then she can give consent to search them. The fact that she doesn't spend time in those areas has no bearing on the situation. As said earlier if it was clear she was not permitted in those areas then she would not have had the right to give consent.
http://www.searchofserenity.com/file...v_Randolph.pdf This is the better one for the outline of the third-party consent issues.
http://ir.lawnet.fordham.edu/cgi/vie...62&context=flr This one is the more specific one dealing with the circuit split over what can be done when one of the co-tennants who objects is arrested and removed and the other remaining one gives consent.
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Mr. Knowitall
Not necessarily. See cdwjava's comments on common areas, above. The place a long-term house guest would normally not be permitted to authorize a search would be another person's bedroom, but if this is your girlfriend then she probably shares the bedroom.
Identify the state and share the relevant facts.
State is Louisiana' and what relevant facts would you like me to share?