Archives for: February 28th, 2014

Homes or apartments often are occupied by more than one person. When can an individual consent to a search of a jointly occupied residence? In the past, the Supreme Court has held that any person who is a joint occupant of a residence can consent to a law enforcement search of the shared residence. However, if the co-occupants are both present, and have a disagreement as to whether to let

Typically, a warrant is required to search inside of a home or in the area immediately surrounding and associated with a home (an area known, legally, as the curtilage of the home).  However, there can be exceptions to that general rule.

 

One situation where a warrant is not needed to search a home is where what is known as “exigent circumstances” exist.  Exigent circumstances are an exception to the