Q: Police enters home based on permission from someone who does not legally reside there
Picture this hypothetical scenario (out of curiousity). Say I invite people to my house, where I live with my 1 roomate. Say a police officer enters, saying that they got permission to enter the house from the person who answered the door. If the person does not live there, is it valid for the police to enter? If the person says yes and the police enters and finds anything, would it then be inadmissable? Would I have the right to tell them to leave? Does it depend on the state?
I'm curious when I have people over what would happen if some idiot answers the door for a cop and lets them in. Not that we're doing anything illegal, but it just wouldn't seem right for the non-resident to open the door for the police to enter and see something illegal that someone is doing inside that I may have no clue is happening. I think I could then be liable because it's in my house.
Not that it matters, but this is entirely hypothetical and out of curiousity. I've never heard of this happening.
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A:
If someone who doesn’t legally reside at your home gives police permission to enter, that consent is generally invalid because they lack the authority to give it. For the police to legally enter based on consent, the person granting permission must have common authority over the premises, such as being a resident. If the police enter without proper consent and find something illegal, any evidence obtained could potentially be challenged in court as inadmissible under the Fourth Amendment.
If you are home and the police enter based on improper consent, you can assert your rights and ask them to leave. It’s important to remain calm and respectful while doing so. State clearly that you do not consent to their presence and that the person who let them in doesn’t have the authority to grant access. However, if the police have a valid warrant or other legal justification, they may still be allowed to stay and search.
Laws about consent and police entry can vary slightly depending on the state, but the basic principles of the Fourth Amendment apply nationwide. If someone is at your home, it’s a good idea to make clear to guests that they should not answer the door for law enforcement or give consent without your permission. This can help prevent misunderstandings or situations that could create legal complications. Always consult a local attorney if you have specific questions or concerns about your rights.
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