A Police Search with Your Roommate’s Consent

 Posted on June 19,2018 in Criminal Defense

In most circumstances, a police officer needs a warrant before searching a residence. However, an officer can bypass this little detail if a legal resident of the home agrees to the police search. So what rights do you have if your roommate lets an officer into your home?

The Roommate Scenario 

Luckily, your roommate isn’t the same as a family member. Even though you share the same space, there are specific areas and items that belong to each of you individually. A police officer cannot search the private room of someone who is not present to grant consent. So, even if your roommate grants consent to a police offer, any evidence discovered in your private spaces may not hold up in court. This rule also applies to any closed boxes or bags. If they are specifically yours and pointedly closed, then the officer cannot touch them without your explicit consent or a warrant.

It is, however, up to the court to decide if your roommate has the authority to let an officer search your private rooms and items. For example, if you are in a romantic relationship or just happen to share a bedroom with your roommate, then that space is fair game. Luckily, an officer is unable to search your residence without a warrant if you have two roommates and only one grants consent.

What Can You Do?

Contact Crowder Law Firm, P.C. if a policer officer has searched your private rooms or belongings without your explicit permission or a warrant. If the search is in relation to a criminal offense, our bilingual criminal defense lawyer is available 24/7 and offers free and confidential case consultations. We can work with you to build a strong defense and protect your legal rights.

Contact Crowder Law Firm, P.C. at 214-544-0061 to schedule a free consultation.