QUESTION
is it legal for a spouse to give permission to search a residence in its entirety with the knowledge of the other.
Asked on Jul 08th, 2021 on Criminal Law - New York
More details to this question:
I was present at the time the police showed up at my residence, They asked me to accompany (not under arrest) them to the station to "clear up some questions". As soon as I left another officer asked my wife for consent to search the house and property.
1 ANSWER
Generally speaking yes - any resident of a house can give consent to search the entirety of the house - the exception to this would be if there was a private area that was searched that the individual giving consent should not have access to. i.e. If you have a basement tenant your wife's consent to search your house would not necessarily allow the police to enter the basement tenant's apartment.
Answered on Jul 19th, 2021 at 8:31 AM