Legal Question in Civil Rights Law in Michigan

illegal search

a girl i know was pulled over and the police found parifanaila on her, they questioned her and told her if she talked she wouldnt be arrested. she took them to her boyfriens house where she was staying and let them in the house they searched the house and found 4 grams of pot. the owner of the house was at work and knew nothing about this. she told the police that some of the pot belonged to her boyfriends brother and some belonged to the boyfriend.now all 3 people were arrested and facing possesion charges. is this a legal search? even though the girl that let them in, her drivers license and mailing address are different from where she let the police in? does she have the right to let them in and search her boyfriends home?doesnt it require a search warrent,to search someones home?


Asked on 5/15/03, 11:54 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: illegal search

Consensual search of a dwelling may be done without a warrant only where one who has the authority to grant consent does so. One who lacks the authority cannot give a valid consent to search. If the female lived on the premises as a tenant or even as a guest, she may lawfully give consent to search. If she is not a resident, then her consent is legally invalid. So the answer to your question turns upon the authority of the woman involved.

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Answered on 5/15/03, 2:41 pm


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