Expert: Robin Sexton - 5/22/2008

Question
A 20 year old named Ryan, who lives at home with his parents was recently followed and pulled over on his way home from work, presumably the police had received a tip from a fellow employee that he had been selling MDMA(ecstacy), a point which i know to be false. The police told Ryan they pulled him over for tailgating, and after he refused to consent to a search of his car they intimidated him by threatening that they had information he had been dealing drugs. The police officer said he smelled marijuana and asked him when the last time "he had smoked in the car" had been. He eventually consented to a search, and a drug dog was brought in. The Police Mirandized and handcuffed Ryan, and after over two hours and a thorough search the police came up empty (he had nothing in the car). In addition Ryan had spent the last two weeks overseas, let us assume there was nothing to smell. Ryan was then told that he was going to be arrested and spend the weekend in jail unless he signed a form and consented to a search of his house/room. Ryan signed this form, and the police followed him home (after midnight by this time) and without waking his two sleeping parents or brother they searched Ryan's room. They discovered an unlocked briefcase containing over 50 pills, presumably MDMA, and in a different part of his room approximately 1200$ in cash, both of which they confiscated. My question relates to the search of his room, presumably the form Ryan signed gave police permission to search, does Ryan who lives with his parents have the ability to give them this right, that is; can the police search his room without the consent of and without informing the homeowners (his parents). Ryan was clearly in the mindset of fear, believing he had to do what the officers told him, or be taken to jail for tailgating (which he also refutes) and at the word of the unknown informant.

Thanks!

Answer
Jonathan,

There are several issues going on with your incident. However you asked specifically about the issue of the consent to search and if the parents / home owner had to be informed.  No they do not have to be informed.  Ryan was an adult and had access to the areas that he allowed the police and they searched.  The police would have been constrained from searching the parents room or another siblings as he did not have authority to grant that.
Just for the sake of clarity, he would not be taken to jail for tailgating.
I suggest that Ryan contact a good criminal attorney in the area


Good luck

Robin