Can my person be searched by the police without a warrant if I’m in my residence?

UPDATED: Aug 2, 2011

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Can my person be searched by the police without a warrant if I’m in my residence?

The apartment was in my friends name. I was living there had my own set of keys. I was asleep on the couch when I was woke up by several police with guns drawn. Apparently my roommate was out breaking into a mailbox and was witnessed by someone. So his car was registered to his mothers address so after he did this he went straight to his mothers house and at the same time the police showed up there because the witness got his license plate number. So they don’t find anything there so somehow they show up at our apartment with no warrant only his permission. But searched my person and I was charged.

Asked on August 2, 2011 Colorado


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Since your roommate gave consent for the apartment to be searched, the police could search you since you were on the premises if they had a reasonable belief that you were armed or endangered their safety.

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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