Legal Question in Military Law in Colorado

Permission to search home by wife who lived elsewhere

My wife left in April with us signing a seperation agreement (ourselves not thru court) and in Sept filed for divorce and full custody of our children. Since April she was living in her own apartment seperate from the family home where I lived with my children. The day she filed for divorce in Sept hand carrying the paperwork to me she also filed an ex parte motion to have the children removed from my home. I left to discuss this with a friend and while I was away she returned to the home with the OSI to get a laptop she alleged to have been stolen.

Since we clearly had seperate homes and official paperwork had been filed along with the informal seperation agreement did my then wife have permission to allow a search of my home?

Thank you.


Asked on 4/13/04, 2:23 pm

1 Answer from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Permission to search home by wife who lived elsewhere

I'm not sure whether she had permission or not. If it becomes an issue (e.g., criminal charges are filed against you and the issue of whether the laptop was seized as a result of a warrantless search arises), your attorney can look at the details of your separation agreement to determine whether she still had lawful access to the premises. If she did, then she had authority to consent to an OSI search. If she did not, then they would have to have a search authorization based upon probable cause in order to seize the laptop from your home.

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Answered on 4/18/04, 10:46 am


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