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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 09-13-2001, 06:52 AM
nascar6
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gave permission to search only in when i was present


illinois, a friend was picked up & arrested that i was with, i was handcuffed but never told i was arrested & miranda not read, they asked if they could search my home, i told them they could but only when i was present. my local county police went to my home to search & told my friend (who lives with me) that i gave them permission to search the house. they did not tell my friend that i had to be present so my friend assumed that it was okay to let them in to search. i need to know if this is actually a legal search?
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Old 09-13-2001, 11:37 AM
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A search is confined to the scope of the consent, which means if you specified a limitation on the search, the police should have abided by that limitation. While your friend's independent consent to the search might validate the search, it is arguable that his/her consent was obtained by deceit, because they falsely informed him/her that you had consented unconditionally. Your attorney can move to suppress any evidence found in the search on those grounds. However, unless you gave your limited consent in writing, the police are likely to deny you placed any condition on your consent. Miranda warnings are necessary only if the police are questioning you while you are in custody.
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