Can the police search my room and belongings with only my roommates consent, not mine?

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Can the police search my room and belongings with only my roommates consent, not mine?

My roommate, also owner of
the home, searched through
my bedroom and belongings
and claims she found meth
and called the police and
allowed them to search
through my bedroom and
belongings without my
consent. Is this legal?

Asked on July 24, 2018 under Criminal Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, this would not be legal if she does not share the bedroom with you. She can only consent to a search of space occupied or used by her--that is, her own bedroom and any "common areas" of the home you both use (living, kitchen, bathrooms used by both of you. She cannot consent to a search of space that is 100% under your control, even if she owns the home (since you pay your rent for "quiet enjoyment" of the property--that is, for exclusive use of the space free from landlord/property owner interference). There may be good grounds to have the results of the search thrown out, but an attorney will be much better able to do that than you--you are strongly advised to retain a lawyer to help you.


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