Can my person be searched by the police without a warrant if I’m in my residence?
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Can my person be searched by the police without a warrant if I’m in my residence?
The apartment was in my friends name. I was living there had my own set of keys. I was asleep on the couch when I was woke up by several police with guns drawn. Apparently my roommate was out breaking into a mailbox and was witnessed by someone. So his car was registered to his mothers address so after he did this he went straight to his mothers house and at the same time the police showed up there because the witness got his license plate number. So they don’t find anything there so somehow they show up at our apartment with no warrant only his permission. But searched my person and I was charged.
Asked on August 2, 2011 Colorado
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Since your roommate gave consent for the apartment to be searched, the police could search you since you were on the premises if they had a reasonable belief that you were armed or endangered their safety.
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