Ep. #329: Can a domestic violence victim share the perpetrators and GPS location?

📌 You may seek consent to search a residence from co-occupants. However, the situation changes when there is a present nonconsenting co-occupant. If one occupant tells you to, “Come on in and bring your friends!” and another yells, “Get the hell out, I’m watching Netflix,” then you must stay out.

What about areas under the exclusive control of the consenter? For example, the “cooperative” tenant says you can still search his bedroom? Or a shed they have exclusive control over in the backyard? There is no case that deals directly with this issue, but if the area is truly under the exclusive control of the consenting party, and you can articulate that the non-consenting party has no reasonable expectation of privacy in that area, it would likely be reasonable to search just that area. But one issue remains, you still may not be able to access the area under the cooperative tenant’s control without walking through common areas—evidence found in common areas may still be off limits

The best practice is to wait until the non-consenting occupant left the residence and then seek consent from the cooperative occupant. In other words, if the non-consenting occupant goes to work, a store, or is lawfully arrested, the remaining occupant can consent to a search. Still, do not search areas under the exclusive control of the non-consenting party. This could include file cabinets, “man-caves,” purses, backpacks, and so forth.

Finally, if the consenting party has greater authority over the residence, then police may rely on that consent. For example, if a casual visitor or babysitter objected to police entry, it could be overruled by a homeowner. Remember, you may not search personal property under the exclusive control of the visitor or babysitter.

-----

✅ Drop a like and subscribe, thank you for your support! 🥰

🚨 Do have another roadside chat question? Send it here: https://www.bluetogold.com/show

Blue to Gold Training:
🔻Class Schedules - https://www.bluetogold.com/calendar
🔻On-demand Training - https://university.bluetogold.com/
🔻Free Legal Training Webinar - https://www.bluetogold.com/calendar?category=Webinar
🔻Book Store and Training Materials - https://www.bluetogold.com/store

Connect with us, learn us more. We keep our updates and news posted on social media:
🔻Facebook - https://www.facebook.com/bluetogold
🔻Instagram - https://www.instagram.com/bluetogold
🔻Twitter - https://twitter.com/bluetogold
🔻LinkedIn - https://www.linkedin.com/company/bluetogold
🔻TikTok - https://www.tiktok.com/@bluetogoldtraining

#LawEnforcementTraining #PoliceTraining #LegalEducation