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Daniel Solutions
Daniel Solutions, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 9934
Experience:  over 20 years of legal and professor of law experience
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I was recently involved with a drug search in which they asked

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I was recently involved with a drug search in which they asked me to sign a form consenting to a search of the home. The individual they were interested in is a resident of the home in which I stay with my boyfriend. This residence is not my permanent address. It is not the address on my drivers license, my taxes, insurance, etc. With the above information in mind, is the search form that I signed legal and does that make any evidence found in the home still held as evidence in court?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Daniel Solutions replied 6 years ago.
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Daniel Solutions :

Yes the form is legal because the police has reason to believe you stayed at the address so that makes the search legal. If you had informed the police you did not own, do not stay or had no authority to signe and you refused to sign then that would have been different. The evidence obtained can be used in court.

JACUSTOMER-3alk7tx2- :

I was unclear about what I was signing. I was scared and did as I was told. They entered the home without asking me for information about myself or even asking if they could enter at all. My name is XXXXX XXXXX the lease and I do not pay rent. When the officer handed me the form I was told to sign. I asked if a roommate (a legal resident) should look at it and he said no. The entire time they were in the home they did not even ask for ID from me. Does this hold up for anything that would be in the favor that the document is not legal

Daniel Solutions :

I can understand you were scared but the sole issue the judge will consider is whether the police had reason to believe they could act upon the signed consent to search and based upon what you have shared with me I believe the judge will determine they did have the right. My prior answer is still correct.

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