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Subject:
From:
Joyce Miller <[log in to unmask]>
Date:
Mon, 22 Apr 1996 13:50:55 -0400
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>The biggest single problem is always nasty neighbors, especially when a
>dispute breaks out.  If a neighbor threatens your skinnies, let them know
>that any search warrant must have their full name on it to be valid, this
>should shut them up (USA only).
 
Errr...  And it still won't be valid.  Now admittedly, I'm just finishing up
my first year of law school, but I did just do a project on the validity of
third parties' consent to police searches, and all my cases were in the 9th
Circuit (west coast), too.  A third party cannot give valid consent to
search premises unless they have "joint access and control for most
purposes." I.e., NOT your landlord, not your girlfriend who just visits on
weekends, etc.  Your rent-paying, on-the-lease roomate, yes.  There's a
valid exception called "apparent authority," where if the police were
misled, the search could still be valid, i.e, if your girlfriend lies to the
police, says she's married to you, and lets the police in with a key.
 
But no, the police can't just burst in on someone else's say-so.  That's
what the 4th Amendment of the US Constitution is all about.  Otherwise,
anyone can harrass anyone else by lying to the police.  If this sort of
thing HAS been done in Cali, then I say take F&G to Court.  That's what it's
there for.
 
-- Joyce
 
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[Posted in FML issue 1547]

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