Legal Question in Constitutional Law in California
Does the ''4th waiver'' need to be home?
Does the ''4th waiver'' need to be home, in order the police to come in?
Another words if I'm NOT there how far can they go?
Are they still able to tear the place apart?
thanks for sharing!
1 Answer from Attorneys
Re: Does the ''4th waiver'' need to be home?
What's a 4th waiver? If you're not home, you can't consent to a search. If your idiot roommate consents to a search, aside from his or her being an idiot, the consent may or may not be legal. The legality of searches is an entire semester course in law school. Successfully challenging any search, consented, unconsented, with or without a warrant, whatever, will require you to retain a lawyer, either to defend the criminal charge, to pursue a claim for property damage / personal injury, or both.
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