Can evidence from a warrantless search conducted without consent and no probable cause, be used against the arrested person?

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Can evidence from a warrantless search conducted without consent and no probable cause, be used against the arrested person?

The arrested person was not a resident of the home where he was arrested and had already been taken from the premises from which the evidence was obtained?

Asked on December 24, 2012 under Criminal Law, Arizona

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

The only person who can complain that a search was warrantless and illegal is the person who owned the premises and/or was a resident of the premises from which the items were seized.  I don't know how this individual was "taken" from the premises or by whom, so it is hard to say who exactly has what rights in this situation.  However, it does not matter where this individual was when he was arrested.  What matters is whether he has a right to object to the warrantless search.  If evidence that person B committed a crime is found at the residence of person A, person B has no right to object to the evidence on the basis that the search was warrantless, since only person A's rights against unreasonable search and seizure were violated.


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