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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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My boyfriend was arrested a few days ago. They pulled him from

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My boyfriend was arrested a few days ago. They pulled him from the vehicle he was sitting in, and searched the garage of the residence he was sitting behind. The garage was not owned by my boyfriend and neither is the vehicle he was in. Both belonged to different people. My boyfriend said that they didn't have a warrant and they obtained the owner of the property's consent to search after the initial searching of the property. My question is : Can that still be considered a legal search even if the consent was obtained after the fact?

Angie
Anaheim, Ca

hi

 

consent needs to be given before a search. however, if there are "exigent circumstances" - circumstances that would cause a reasonable person to believe that entry or other relevant prompt action was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts - and/of if probable cause was present then the search would be a good one.

Samuel II and 5 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.

Probable cause would be fine for them searching him and the other person's properth prior to consent of the other person, or with just him?

hi

 

if they could tie the PC in with a theory that there was something going on in the garage then they could proceed on the "exigent circumstances" - circumstances that would cause a reasonable person to believe that entry or other relevant prompt action was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts - that requires no warrant and no consent