Arrest, Search, Seizure, Warrant Was it Legal to search

[MsLindaO]

My grandson was on parole , he was seeing a girl and they were both using drugs . The girl decided he needed to go back to prison so she set him up . Bottom line is she did not live there but told the police she did and allowed them to seach his apartment and showed them where an old shotgun (that was broken down and no shells) was that we are not even sure how it got there was. He had just moved in and it was in a big tub of clothes . Anyway , she let them search and told them lies about living there . I hired a lawyer but he only wanted to go along with the states attorney so my grandson fired him . Now he is getting ready to have a public defender . Does anyone know if it's legal in Illinois to search someones home with someone elses permission and does it make a difference if you are on parole . My grandson thinks his parole officer should have been there when they searched . Thanks . Linda

 

[CdwJava]

Since he was on parole, it is safe to assume that he could be searched at most any time. Therefore, her consent is not likely an issue.

Plus, the officers are permitted to go on good faith if there is a person present who they could reasonably believe had the authority to grant permission to search. If the officers believed she was a resident or had the ability to grant permission, then the search will likely be good.

If his next attorney holds out as little hope as the first, that may tell him something about the need for a parole officer to be present. In my state, the P.O. is not needed ... I do not know about your state, though.

- Carl

 

[simplep]

he could make the argument that she was trespassing and had no right to be there, let alon consent a search

 

[jacksgal]

He could but that doesnt make the search illegal. Police were told and believed she could give consent

 

[CdwJava]

he could make the argument that she was trespassing and had no right to be there, let alon consent a search

But, she was NOT trespassing. Unless she broke in to the apartment while he was gone, she was not trespassing. Trespassing generally requires an unlawful entry or unlawfully remaining on the property when told to leave.

So, nice try, but that is not going to fly.

- Carl