Can my aunt give consent to seach my apartment/bedroom?

[doihaverights]

What is the name of your state? Illinois

A couple months ago 6 undercover narcotics sheriffs came to my grandparents house. My grandfather who owns the house, but doesnt live there was told that an informant heard that the house was going to get broken into for drugs. The cops said that they have been watching the house for a week and noticed kids running around and were in fear of there safety. Said the tried calling to explain, but phone was disconnected. So the reason they were there was for a cortosy visit. Then my aunt came home who lives there and was told the same information. The kids they were talking about were her's. They told her the informant said there was cocaine in the house. And all they wanted to do was search so they could go back to the informant and tell the people who wanted to rob me that nothing is there. For some reason my stupid aunt told them that I sell weed. The cops asked if they could search my apartment, the basement of the house. She signed some consent form. To get to my apartment or private section of the house you have enter from the first floor kitchen and go downstairs into my living room. On the far left corner there is a door to my bedroom. on the right of the livingroom is my bathroom. There is also a basment door to enter through. Now im sure my bedroom door was closed, but Im sure the cops will say it was open. There is a lock on the door, but the door was not locked. Its my grandmothers house, why should i have to lock my room. They were in the basement for about an hour and would not let no one leave or watch while they searched. At this time the cops were leaving me messages on my cell phone telling me they were in my room and found pot and shrooms. Told me to come home just to talk. yeah right, ill be home in second. NOT.

If their was pot or shrooms in my room its going to be hidden. Not out in the open. They also took money hidden in the ceiling.

Now 3 months go by and now I have a warrent for my arrest. Im going to turn myself in but Im trying to tie up loss ends before I go in. because once your in people seem to forget about you or not want to help.

My questions are:

1. Even though my grandfather owns the house but doesnt live there could he tell them to leave.

2. My aunt told them I sold weed and consented to search my private section of the house. Was my 4th amendment right violated.

3. The cops told my aunt they were afraid for the kids, which probrably got her scared which made her mad at me which made her tell the cops I sold weed. Does that give them the right to search.

4. Why didnt the get a search warrent?

5. How are they going to go about prosacuting me?

I have a lawyer, but I think some lawyers are sneeky and feal he may not try hard enough to motion the case so he could make money off me if the case goes on for a while.

Thanks for the help:

 

[hexeliebe]

Everything was legal. You're busted.

 

[doihaverights]

How do you figure it was all legal? I thought I was getting help. Not some 5 word response.

 

[hexeliebe]

I have a lawyer, but I think some lawyers are sneeky and feal he may not try hard enough to motion the case so he could make money off me if the case goes on for a while.

After that comment you're lucky to get those five words. Now go sell a few drugs to pay your legal expenses.

 

[doihaverights]

im sorry for being honest. The key word was "SOME," not all. im sorry you were offended.

 

[JETX]

Okay, let me give you a more detailed response:

"Even though my grandfather owns the house but doesnt live there could he tell them to leave."
*** Of course he can tell them to leave. Whether they actually would or not depends on the circumstances.

"My aunt told them I sold weed and consented to search my private section of the house. Was my 4th amendment right violated."
*** Nope.

"The cops told my aunt they were afraid for the kids, which probrably got her scared which made her mad at me which made her tell the cops I sold weed. Does that give them the right to search."
*** Nope. Her permission gives them the right.

"Why didnt the get a search warrent?"
*** Didn't need to. They got consent.

"How are they going to go about prosacuting me?"
*** Hopefully, aggressively.

Feel better now??

 

[hexeliebe]

Another damn brick wall.

 

[calatty]

Under US v. Matlock, a US Supreme Court case, whether your aunt had authority to consent to a search of your quarters depends on whether she had "common authority" over your room. If she was just another resident of your grandmother's house like you, she probably didn't. If you are a minor and your aunt is like a parent to you, then she may have had authority. Your attorney should consider whether a motion to suppress the evidence is in order.

 

[I AM ALWAYS LIABLE]

Under US v. Matlock, a US Supreme Court case, whether your aunt had authority to consent to a search of your quarters depends on whether she had "common authority" over your room. If she was just another resident of your grandmother's house like you, she probably didn't. If you are a minor and your aunt is like a parent to you, then she may have had authority. Your attorney should consider whether a motion to suppress the evidence is in order.

My response:

There she goes again - - Citing the wrong episode of "Matlock" as legal precedent.

IAAL

 

[Crazyhorse]

"My aunt told them I sold weed and consented to search my private section of the house. Was my 4th amendment right violated."
*** Nope.

It is my understanding that in fact a 4th Amendment violation occured since the cops conducted a warrantless search of OPs "apartment". However, this would be mitigated by the "apparent authority" exception in ILLINOIS v. RODRIGUEZ and may be admissible regardless.

The key to the "apparent authority" exception is that the officers need to have a reasonable belief of the apparent authority of the third person. If the basement was an entirely self-contained apartment, the police may not have been able to reasonably assume that your aunt had "apparent authority". This entire rule relies on the reasonable belief of the officer.

In order for your aunt to have "apparent authority" she must have mutual use, the right to exclude and joint control of the apartment. The mere fact that she was able to gain access to your "apartment" probably will mean that the evidence is admissible under RODRIGUEZ.

 

[hexeliebe]

Don't you just love it when you send the kids to school and they actually learn something.

Makes an old fart sooooo proud

 

[JETX]

Gee, itsn't it wonderful how calatty and crazyhorse can just 'jump' to conclusions??

What we have here is a person who is claiming his 'basement' room is an apartment.
There is NOTHING about a lease.
There is a 'door' (and a lock... no surprise there), but otherwise nothing to indicate that this is in fact a 'separate' area of teh house.
Unless we hear otherwise, this is a room in a house where a fellow 'roommate' or adult gave a valid consent to search.

Okay, so what makes this basement YOUR apartment?? Do you have have a lease?? Do you have exclusive use of this area?? Or do you 'share' your apartment with the washing machine???

Simply, unless we hear otherwise as to your exclusive use, etc., your aunt CAN give consent!!!
Geeze, I hate trainees!!

 

[doihaverights]

First Id like to thank the people who have takin a little time to give some advice.

There is A washer and dryer on both levels of the house. So no, my aunt has no reason to be in the basement. "she never goes down there." I go upstairs to use the stove though.

Does it matter if I have a lease or not. An oral agreement, or written contract?

Also they found the items in my bedroom, not my living room.

Thanks

 

[hexeliebe]

He's all yours Jet

 

[calatty]

JETX, if you actually took the time to learn, instead of pretending to know, the law on third-part consent, you would see that "leases" and "separateness" have nothing to do with authority to consent – try reading US v. Kelly, 953 F.2d 562, 568 (1991) (“There is no question that the first two facts--lease status and general access to the common portions of the property--constitute a legally insufficient basis upon which to authorize a warrantless search of Mr. Kelley's private living quarters.”) I suggest you start with US v. Matlock, 415 US 164, Illinois v. Rodriguez too. Roommates can only consent to searches of areas over which they have “common authority” and “joint access and control for most purposes,” like common areas of the house. There are hundreds of cases on this - try U.S. v. Barrera-Martinez, 274 F. Supp.2d 950, (N.D. Ill. 2003). Oh, as for being a trainee, I have 17 years experience as a criminal attorney and I have taught criminal procedure twice -- how about you JETX?