Pennsylvania Supreme Court Rules Guest Can Consent to Search

Lawyers USA (October 08, 2007)


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Summary:

Police could enter an apartment based on the apparent authority of a man who answered the door, even though they had knowledge someone else actually leased and lived in the apartment, the Pennsylvania Supreme Court has ruled.

Police were responding to a tip that a fugitive with an outstanding warrant was located at the defendant's apartment. An individual answered the door and indicated he was in charge of the apartment at that time, although he said he was staying there temporarily and the defendant would return soon. He gave his consent for the police to search the apartment. They discovered drugs and various drug paraphernalia.

Extract:

Pennsylvania Supreme Court Rules Guest Can Consent to Search

The defendant was convicted of various drug charges.

He appealed, arguing that th...



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