Recently, a Norfolk Circuit Court Judge denied the defendant’s challenge to law enforcement search of his room. While generally police need a warrant to search private places, here, the defendant (an adult) was living in his mother’s house and paying her rent. Apparently, it was his mother who called the police in the first place. She then granted law enforcement consent to search the room.
Normally, parents can provide proper consent of their children’s rooms because it is the parent’s home. However, here, the defendant claimed that because his mother told law enforcement that he was paying rent, law enforcement should have known that his mother lacked ability to consent to the search. Unfortunately for the defendant, the Circuit Court Judge disagreed.
This case presents a unique twist on search warrant law in Virginia. Feel free to give BenGlassLaw and James Abrenio a call to discuss further. You can also check out the article below.