order of consent

[Riv267Side]

New Jersey
If the police(prosecutors office) come to the house after a suspect has been arrested for possible distribution of marijuana with an order of consent and it is signed by someone who doesn't live in the house (someone who just stopped by for a visit) and the police found 2 ounces of marijuana, will it hold up in court? If that person refused to sign the consent and the police got a warrant
and then found the pot, could the visitor be arrested?

 

[lawrat]

I am a law school graduate. WHat I offer is mere information, not to be construed as forming an attorney client relationship.

Let's put it this way:

1) if the visitor looked like someone the police would reasonably believe has authority to consent, then yes it would hold up.

2) if they refused consent but via the open door, police saw in a bag of marijuana on a coffee table, IN PLAIN VIEW, they can definitely take that back to the magistrate and get a warrant.