Q: Warrant to search my house was granted live in triplex can police search other 2 units if they are family members
I was in custody live in unit c cops searched both other units is this legal
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- California
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- Answered
A:
No, if the police had a warrant to search only your unit (Unit C) of the triplex home, they generally cannot legally search the other two units occupied by family members unless certain exceptions apply.
A search warrant allows police to search only the specific areas and persons named in the actual search warrant. So if the warrant was limited to only your unit, searching the other units would require separate probable cause and warrant.
However, there are some exceptions where areas occupied by family members could be searched under your warrant:
- If there are shared or common areas that all tenants have access to (e.g. shared basement, backyard, etc.)
- If there is reasonable belief that evidence from your unit could have been moved to the family members' neighboring units
- If the layout makes it ambiguous where your unit ends and the other separate unit begins
If none of these exceptions seem to clearly apply, then the police likely performed an improper warrantless search of those other units that family members live in. Evidence found may be suppressed or excluded. Consultation with a criminal defense lawyer to challenge the search would be recommended to determine if your rights were violated. Let me know if you have any other questions!
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