Is it legal if my son-in-law was arrested for possession and the cops took the house key off his key chain and entered my home and searched it while I wasn’t home?

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Is it legal if my son-in-law was arrested for possession and the cops took the house key off his key chain and entered my home and searched it while I wasn’t home?

Are they allowed to do that without my consent or a search warrant? He was pulled over for speeding and cops searched his car and found drugs.

Asked on May 6, 2015 under Criminal Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You say that your son-in-law had your house key? If so, and if he consented to the search, it was most likely legal, since if he had the key, he legally had access to your home and therefore, if he consented, someone with the right to enter your home allowed the police in. If he did not consent and they took the key from him without his knowledge or permission, then the search would most likely not be legal if done without a warrant.


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