Q: When declaring someone in Arkansas's address. What should law enforcement go by?
Does a person, who is a guest at a residence, have the right to concent a legal search?
A: It depends on what happened. If consent is voluntary (state must prove) and the person is apparently authorized to give consent, the search is probably legal (see Arkansas Rules of Criminal Procedure 11.2). Think about. If you give a guest access to a residence, what's the difference in them searching or them telling someone else they can do it? Generally, if law enforcement has reason to believe they have the authority to grant permission, law enforcement can rely on it. For a specific search, there are a lot of things to address and an experienced attorney can review and determine if the search was or was not valid.
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