Legal Question in Criminal Law in Missouri

Warrantless search with consent.

I am working a mock-trial case for my class... Question: If my client was invited into a home for a party, and there was a confrontation and he stabbed an individual, in self defense of course, and the police show up and search the house without a warrant, even if the owner of the house gave consent, can I move to have the evidence suppressed against my client, as his right against illegal search?


Asked on 12/05/07, 3:07 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Warrantless search with consent.

Officer's are required to get a warrant prior to searching an individual's person or property. A party guest has no expectation of privacy in the contents of the home where the party occurs. With no expectation of privacy, then the officer needs nothing more than the owner's consent to search the home. However, the party guest still has an expectation of privacy in his person. The officer's still have to have a basis for searching his person.

Good Luck

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Answered on 12/05/07, 10:20 pm


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