QUESTION
CAN POLICE SEARCH MY BEDROOM THAT I RENT OUT IN MY DADS HOUSE EVEN IF I DONT CONSENT BUT MY DAD DOES AND USE THE EVIDENCE FOUND AGAINST ME?
Asked on Sep 11th, 2012 on Criminal Law - New Jersey
More details to this question:
CAN POLICE SEARCH MY BEDROOM THAT I RENT OUT IN MY DADS HOUSE EVEN IF I DONT CONSENT BUT MY DAD DOES. AND USE THE EVIDENCE FOUND AGAINST ME? I AM A LEGAL ADULT AND HAVE A VERBAL CONTRACT TO LIVE THERE IN ONE BEDROOM IN EXCHANGE FOR PAYING A FEW UTILITY BILLS. I WOULD ASSUME AFTER (GEORGIA V. RANDOLPH 2006) THAT YOU COULD NOT AS POLICE MUST ADHERE TO THE NON CONSENTING PARTY AND GET A WARRANT. IF SO ONCE IN THE ROOM CAN THEY SEARCH CONTAINERS IN WHICH MY FATHER HAS NO COMMON AUTHORITY OVER (E.G MY LOCKBOX OR CLOSED DUFFLE BAG)
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
at
Edward J. Dimon
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The answer to this question is going to be very fact sensitive. Did your father give consent? Did the police officers have probable cause to be there in the first place? What did they find? Are you being charged? the answers to all of these questions need to be determined first. Call my office and I will discuss this with you.
Answered on Sep 12th, 2012 at 11:27 AM