If someone that doesn’t live in my home gave the police permission to enter my home by siging a consent to search form, is that legal?
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If someone that doesn’t live in my home gave the police permission to enter my home by siging a consent to search form, is that legal?
Asked on August 1, 2012 under Criminal Law, Kentucky
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
The police can enter a home and perform a search without a search warrant so long as they have consent to enter the home. Often times, the court must establish that the person who provided the police with consent to enter the home had the requisite competence and understanding of the situation to provide consent (for example, if a small child or person suffering from dementia provided the consent, then more than likely that person did not have the requisite competence to comply with the consent). If that person who provided the consent had the requisite competence, then that search will be considered a valid search.
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