Legal Question in Constitutional Law in Idaho

police search

can police search a domicile where the persons residing are not legally married with the consent of one person and not the other?


Asked on 10/17/06, 1:33 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: police search

Yes. If the occupant who grants consent has access to only part of the home then her consent will only authorize a search of that part. Thus, if roommates each have one bedroom in a two-bedroom apartment, the consent of one will allow the officers to search her room and the common areas.

They could also search the other room if there is reason to think the first roommate had acces to it.

There are many other reasons why the officers might be able to search the other room. For example, if the door is open and the police see drugs lying in plain sight, they can go in. The same is true if they smell marijuana smoke from inside, or if they hear what sounds like a person in need of first aid. There are many other ways such a warrantless search might be proper even without the occupant's consent.

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Answered on 10/17/06, 3:21 pm


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