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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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