Slip Sliding Away

[muggsy]

I hope the cops come to my door and want search the premises. Maybe they can help me to find my glasses. There is nothing illegal or incriminating in my house.

[jg rider]

Ok, working on my first of coffee, so I may be wrong.
I'm trying to read the ruling. yawn !

If there's more then one occupant present and only one of them refuses access, the police may not enter without a warrant, unless there's eminent danger.
I think !

When there's the issue of room mates. If they have separate private rooms in the same dwelling, can one room mate give permission for the police to search another room mate's private room ?

If police comes to the door without a warrant and there's only a minor present, can that minor give permission or a warrentless search?

Just asking, John

[SlowBurn]

When there's the issue of room mates. If they have separate private rooms in the same dwelling, can one room mate give permission for the police to search another room mate's private room?
If police comes to the door without a warrant and there's only a minor present, can that minor give permission or a warrentless search?
Just asking, John

All kinds of possible permutations, but to be valid as against the absent person, permission has to come from somebody "who possesses common authority over the premises or effects" being searched. Common sense, really and nothing new.

The only new wrinkle in this case is that this guy was absent not because he went out to pick up the laundry or something, but because he'd been arrested. The Supremes said the reason for being absent made no difference as long as the arrest was a valid one, based on probable cause.

Would have been a lot more controversial if they decided the other way.