Legal Question in Criminal Law in California

Re: Conditional Search and Arrest warrant in Federal drug case

Thank you for your posting.

A defendant always has standing to contest evidence that was the result of any search as long as it is being used against him or her in criminal prosecution.

There are two cases that cover third party searches and are considered seminal cases on the subjects:

UNITED STATES v. MATLOCK, 415 U.S. 164 (1974)

"When the prosecution seeks to justify a warrantless search by proof of voluntary consent it is not limited to proof that consent was given by the defendant, but may show that permission to search was obtained from a third party who possessed common authority over or other sufficient relationship to the premises or effects sought to be inspected."

ILLINOIS v. RODRIGUEZ, 497 U.S. 177 (1990)

"A warrantless entry is valid when based upon the consent of a third party whom the police, at the time of the entry, reasonably believe to possess common authority over the premises, but who in fact does not."

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.