Can Someone Else Consent to a Search of My Property?
Was your vehicle or your apartment recently searched by police or other law enforcement officials after another party gave consent? If you did not give consent to a search and the police who conducted the search did not have a warrant or probable cause, the search may have been unlawful and in violation of your rights under the Fourth Amendment of the US Constitution. If that search led to a seizure of property and your arrest and subsequent criminal charges, it is critical to seek advice from an Indianapolis criminal defense attorney as soon as possible. In the meantime, the dedicated attorneys at Rigney Law LLC can tell you more about the circumstances in which another person may be able to give lawful consent to a search of your property, as well as those in which another person likely cannot consent to such a search.
Understanding Third-Party Consent
When another person gives consent to law enforcement for a search of your property, this situation involves the issue of third-party consent. Sometimes third-party consent is permitted, but often it is not.
The US Supreme Court has addressed the matter of third-party consent in a range of cases. Generally speaking, the rule for a long time has been that third-party consent is acceptable (and lawful) as long as the third party “possessed common authority over or other sufficient relationship to the premises or effects sought to be inspected.” That rule comes from the US Supreme Court case United States v. Matlock (1974). And, in general, a third party cannot consent to a search of your private property when you have or had an expectation of privacy.
However, in more recent years, the Court has heard cases concerning third-party consent and the matter of third-party consent has become both narrower and a bit murkier at the same time. For example, if a law enforcement official had a reasonable belief that the third party had common authority over the premises (even if they did not), the search may be lawful. At the same time, if there are two co-occupants of the property, such as roommates, and one consents to the search but the other does not, then a third-party consent search is considered unreasonable and thus unlawful.
Contact Our Indianapolis Criminal Defense Attorneys Today for Help
If you have any concerns about your constitutional rights against unreasonable search and seizure being violated, it is critical to seek legal help as soon as possible. Depending on the circumstances, a search and seizure that occurred because another party gave consent to search your property may have been unlawful. One of the experienced Indianapolis criminal defense lawyers at Rigney Law LLC can assess your case for you today and can assist you with a tailored defense strategy, which may include showing that the search that occurred violated your Fourth Amendment rights. Contact our firm today for more information about how we can assist you in defending against the charges you are facing.
Sources:
constitution.congress.gov/constitution/amendment-4/
supreme.justia.com/cases/federal/us/415/164/
