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Fourth District: Search and Seizure

By Matt Conigliaro, Esq.

Is a police officer who wishes to search a shared residence constitutionally required to secure consent from a physically absent, but nearby, tenant after that officer has already obtained a valid consent from a co-tenant who is on the premises? No, said the Fourth District in this case. Notably, the tenant at issue was not at the residence because, at the time, he was handcuffed in the back

Full post as published by Abstract Appeal on August 11, 2008 (boomark / email).