Police cannot search your belongings or property unless they have a warrant or consent to conduct the search, but who is allowed to provide this consent? Can a spouse give consent to a search? Can a roommate? How about a landlord or hotel staff? In today’s blog, we take a closer look at who can provide consent to search your belongings in Minnesota?
Can Someone Else Give Consent To A Search?
Is someone else legally allowed to give consent to a police officer to search your belongings? We’ll take a look at a bunch of different people and explain whether they can legally provide consent to a search or your stuff.
Spouse – Typically, a spouse can provide consent to search in your absence. Since the spouse likely has access to all rooms in the home, they can usually give consent to a search of a home or a vehicle even if you’re not there. However, if you have a personal safe or locked filing cabinet that only you possess the key to, these areas would likely be safe from a search unless your spouse had access to these areas in the past.
Roommate – A roommate can only give permission to search the public areas of a residence, like a kitchen or a living room. A roommate cannot give police consent to search your private room. Police will either need your permission or a search warrant in order to enter your room.
Landlord – Although the landlord may actually own the property, they forfeit some rights when they lease the residence to someone else. Landlords cannot give police permission to enter your residence. Minnesota law states that landlords can only enter a residence without consent for a business purpose, for maintenance or in the event of an emergency, and the first two reasons require advanced written notice of intent to enter.
Housekeeper – Despite working inside the home, housekeepers are not legally allowed to give consent to police to search the residence. If the housekeeper lives at the residence, they may be able to give access to public areas, but not private rooms.
Hotel Staff – Hotels are similar to a landlord/tenant agreement in that hotel staff typically cannot give police consent to search a room unless they have a warrant, or the guest has exceeded their permitted length of stay.
You probably noticed that we used the word “typically” in a number of descriptions, as consent will be determined on a case-by-case basis. If police determine that exigent circumstances require immediate entrance (if they heard gunshots or saw a body on the floor through a window, for example), they may be able to legally enter your home without consent. Whatever the case, it’s in your best interest to connect with a lawyer to ensure your rights aren’t being infringed upon. For help challenging your case or the legality of the search, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
