Legal Question in Criminal Law in New Jersey

Consent To Search

If a police officer/detective from another jurisdiction or county forces someoen to sign a consent to search form from the town they are from, does this form then become a search warrant. If it does, it is legal in another jurisdiction; esepcialy when the person that signed it has no legal right to allow someone into the premises. For example, adult childlives with a parent. Child pays no rent or utilities, but form states that the individual has authority over premises. Or does the search have to be made from an officer or detective from the jurisdication where the search is happening?


Asked on 7/20/06, 5:00 pm

3 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Consent To Search

The question is first whether the consent to search form was signed voluntarily or as a result of police coercion. An involuntary consent to search is not a valid basis for conducting a warrantless search.

Secondly, the question is whether the person who allegedly gave consent to search specifically gave consent to search the thing or placed searched.

Thirdly, the person giving permission has to have lawfully dominion over the placed searched.

Whether lawful dominion existed at time the consent to search form was signed is fact sensitive.

Forthly, there is the question of whether the persons conducting the search were the police entity to whom the consent to search was given.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/20/06, 5:27 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Consent To Search

Based on what you say, there is a good chance that the search was illegal. In fact I never heard of a consent to search form for a house - these are usually used in motor vehicle stops where the police don't have time to prepare the necessary paperwork to get a search warrant. I am an attorney who has handled very many cases similar to yours in various courts in New Jersey in the past. I would like to discuss your case with you in more detail. Please contact me at your convenience. I never charge for simply talking to a person about a case.

Sincerely yours, Ronald Aronds, Esq.

www.njworkerscompensationlaw.com

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Answered on 7/20/06, 5:52 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Consent To Search

These questions worry me because for cases this serious, you should have a lawyer that should answer all of your questions. Your question is also pretty confusing. My consultations are always free, so if you call me at 732/247/3340 I can discuss your case with you in more detail and let you know where you stand.

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Answered on 7/20/06, 7:19 pm


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