Durand, WI asked in Real Estate Law, Constitutional Law and Land Use & Zoning for Wisconsin

Q: So my mother and I live together in the home she signed ownership of to me. I was wondering if the cops asked to search

Can she give them permission even tho I now own the house

2 Lawyer Answers
Anthony M. Avery
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  • Criminal Law Lawyer
  • Knoxville, TN

A: You need to post your question under WI Criminal questions.

James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: In scenarios where multiple occupants reside in a property, the consent to search the common areas of the property can be given by any one of the occupants. However, since you are the owner of the house, you have a more substantial standing to either consent to or refuse a search of the property. When it comes to areas that are exclusively under your control or possession within the house, your mother cannot provide consent for those to be searched; only you can.

That being said, it's important to note that law enforcement officers may still be able to search the property if they possess a valid search warrant, or if there are exigent circumstances that justify the search without a warrant.

For a precise understanding of how these legal principles would apply in your specific situation, you may consider consulting with a legal expert who can provide advice tailored to your circumstances. Stay informed and aware of your rights.

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