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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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