Legal Question in Criminal Law in California

Can police search your bedroom when a search warrant is for your roomate and he is the only name on the search warrant and it is not the home owner and police did not show the warrant to the home owner ever.


Asked on 10/17/12, 8:51 pm

1 Answer from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

I am not sure I understand your question. As I understand it, you share a room with another person. A search warrant was issued which allowed law enforcement officers to search your roommate's room. Since you share a room with your roommate the officers in the process of searching your roommate's room necessarily searched your room since the two of you share one room.

Yes they can search the room but they cannot search items that are unquestionably yours. For example if you are female and your roommate is male and there is no evidence of cross dressing the officers probably cannot search the pockets of dresses found in your closet.

There is no requirement that the warrant be shown to the owner of the house.

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Answered on 10/17/12, 9:23 pm


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