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You Have Legal Rights When You Share a Residence and Refuse Police Officers Request to Search Your Home or Apartment (Part 1)

By Walin & Klarich

Several recent Court rulings have addressed the issue of consent entry into one's residence. The issue of lawful consent becomes more complex when dealing with a residence shared by two occupants. In Georgia v. Randolph (2006) 164 L Ed.2d 208, the court held that if two occupants are at the door and one says officers may enter and the other refuses consent to enter, then officers cannot enter unless there is some other basis for doing so. Whenever dealing with law enforcement entry into the home, it is necessary to consult an experienced Orange County criminal defense attorney who can advise you of your constitutional rights. Fourth Amendment search and seizure violations are very common and highly relevant to the outcome your case. Identifying any and all constitutional violations may mean the difference between jail and freedom...continue to full post

Full post as published by Southern California Criminal Defense Blog on December 09, 2009 (boomark / email).