Can the homeowners give consent for a search, even if they do not live in the residence?

UPDATED: Sep 30, 2022

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Can the homeowners give consent for a search, even if they do not live in the residence?

My father and stepmother gave police consent to search my home. My

father does own the home but does not live in it. He bought it for me and

has always told me that it is mine. Can he legally give consent and can the

police use what they found in the home against me in court? Both my

husband and myself had said no to the search already.

Asked on March 16, 2016 under Criminal Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, if he is the owner, he may legally consent, even if he does not live there and even if you are living in the home. The owner of property has the right to cnsent to its search. To have full control over your home, you need to own your own home. Him "telling" you the home is yours, by the way, means nothing if his name is on the title--the title, not an oral statement or promise, determines ownership.

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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