Legal Question in Criminal Law in New Jersey

Who has the right to consent to a search of a home.

Can an adult child living with a parent, in which the lease is in the parent's name, provide consent to have the premises searched for an object owned by the adult child? I would think not since the lease is not in his name, but rather the parents and he does not pay rent or utilities. Thanks


Asked on 1/08/07, 5:09 pm

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Who has the right to consent to a search of a home.

I would have to see the facts of the case first before I give you a good answer but it may be tough to win this one, especially since the property belonged to the adult child. First, you need someone to put this argument forward. I'm guessing you don't have that since you wouldn't be asking this question if you did. Second, it is really tough to win a motion like this since even if the law is 100% on your side, judges do not like to grant these motions. Its not just what you present but how you present it that makes a difference. You need to cut off all avenues of escape for the judge.

I'd like to discuss the case with you in more detail. My initial consultations are always free, so call me at 732/247/3340.

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Answered on 1/08/07, 5:19 pm
Gary Moore Gary Moore Attorney At Law

Re: Who has the right to consent to a search of a home.

I would think that consent to search can only be given by an adult residing on the premises.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 1/08/07, 5:43 pm


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