Does the fact that a roommate is a confidential informant, effect his ability to consent to a search of the residence he shares with the person he is informing on?

 
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Eric Youngquist
Rancho Cucomonga, California
Criminal Law
909 472-9112

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20 YEARS OF LAW ENFORCEMENT EXPERIENCE AND OVER 9 YEARS CRIMINAL DEFENSE EXPERIENCE.<br><br>STATE AND FEDERAL CRIMINAL DEFENSE. ALL FELONIES AND MISDEMEANORS.

Consent to  police search in a residential location is limited to the immediate area which the confidential informant controls. Case law relating to 3rd party consent as it relates to search and seizure mostly holds to the principle that a tenant or roommate CANNOT consent to a search in areas of the residence which he/she have no ownership interest in. For instance if the police arrive to question and or speak with someone without a search/arrest warrant entrance can be denied and 3rd party consent as to that persons room and it's contents is prohibited.

03/12/2017