search and seizure question when consent is given

[galeta]

What is the name of your state? Kentucky

a friend of mine was arrested for possesion and paraphernalia. His girlfriend, whose name was the only one on the lease, gave permission for the place to be searched. There were ten people, friends of the accused, on the scene of the arrest. We had all been cleared of any suspicion, but the state police made us follow them to the apartment since the two cars belonged to people who lived in there. We were not allowed to leave the area while it was being searched and while it was not stated, it was implied that the residents were not permitted to leave the apartment while the police were there. Is that legal? Also in a criminal justice class, I learned that when a place is being searched, the resident has to be within a ten foor square radius of the area. Is this true?

 

[Boxcarbill]

No, it isn't true that the person has to be within a 10 foot radius.

Your post lacks clarity in that it's rather unclear as to where exactly the arrest took place. Who owned the cars. Where and to whom the cars belonged.

 

[galeta]

the arrest took place after a car accident involving another member of the group. Witnesses claimed they saw the passengers digging in the car and possibly destroying evidence. We were all traveling from Nashville, after going to a club, but were in Kentucky at the time of the wreck. Everyone stopped to make sure everyone was alright and to take them home afterwards. The state patrolmen searched the car and found a roach, seeds and papers in an ashtray and searched the passengers, where they found pipes and bag a pot. Then they searched the other cars, one because there was somthing in plian view and anotehr, because the witnesses claimed they saw a handoff of pills between one of the accident victims and a member of the group. Nothing was found in one car, but a pipe, a vial of triptomin and a dime bag was found in the other car. The driver of the car was arrested, and we were all interviewed and frisked. Nothing else was found, but they wanted to search the guys apartment. Which they did. In the apartment some legal drugs were found, gotton off the internet (most likly Afla Os, a hallucinagen), but apparently they are deemed illegal when in pill form.

 

[galeta]

both of the remaining cars belonged to residents of the apartment that was going to be searched. when we arrived I asked the cop if I could walk to my apartment to take the rest of the people home. he asked to search my apartment and I gave him my consent and he told me to wait until they were done here. he later let me go after 45 min- to an hour.

 

[Boxcarbill]

Since the lessees gave consent for the search of the apartments, the police could search. The police didn't want anyone to leave for a couple of reasons (a) haven't made up their mind who will be arrested and (b) don't want people hauling stuff out of the apartment if they were in the apartment. And, yes, that is legal. The thing about drugs is that they impair judgment. This story really does a good job of illustrating that point.