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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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If police come to a home looking for a suspect and the supect

Resolved Question:

If police come to a home looking for a suspect and the supect is not home, but a friend of the suspect is present. Can that friend give consent for the officers to search the home even if he is not the homeowner?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Samuel II replied 4 years ago.

Samuel-II : Hi
Samuel-II : If the "friend" is a resident of the home, then the answer is yes.
Customer:

What if he is just there for the night and has no proof of being a resident?

Samuel-II : If there is no proof, such as ID or that he receives mail there, etc, then they can let the police in, but the search would only be limited to that person's belongings
Samuel-II : The search should not occur if the person is not a resident, tenant, etc
Customer:

For example no mail of his is sent to the address, his ID doesn't say he lives there and he is not on the mortgage?

Samuel-II : My answer, of course, is based on a consent entry search. IF they have a warrant, it would not matter.
Samuel-II : Was there a search warrant?
Customer:

If they were to find any narcotics then would the 4th amendment right come in to play. And there was no warrant.

Samuel-II : Well, that would be correct.
Samuel-II : The fact that there was no warrant and no resident consent, then the search would arguably not be legitimate, unless the narcotics were found on the person's or the belongings directly of the person.
Samuel-II : The other exception would be if the police were dispatched say for a problem at the home and then the person gave permission and there as something in plain view that gave the police probable cause to continue searching.
Customer:

No they just showed up the owner wasnt there. The friend did say he was a resident but would that matter? That wouldnt give them the right?

Samuel-II : Correct
Samuel-II : If there is no proof of residency as I mentioned, then the friend cannot give legal consent.
Customer:

They later picked up the owner and did not arrest him or make paper work but they tried to make him a Informant. So with all this in mind everything is pretty much beatable in court?

Samuel-II : I suggest, yes. That is correct
Customer:

Thank you. You have been a big help.

Samuel-II : If you have the right local attorney to pull the required case law, etc
Samuel-II : to argue the case.
Samuel-II : You're welcome. Good luck
Samuel-II : If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you
Samuel II and other Criminal Law Specialists are ready to help you
Expert:  Samuel II replied 4 years ago.
Hi


If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you