Expert: Robin Sexton - 8/13/2009

Question
If someone consents to a warrantless search of his residence, is law enforcement required to have the resident who has given the consent present during the search so he could withdraw the consent if he believed that the search was not reasonable.

Answer
Donald,

No there is no requirement.  The justification for having the resident not present is for safety reasons.  However that causes several issues including the one you mention.  The others are questions of damage, missing property, etc.  Just because a person gives permission does not give the officers the authority to trash the location.  Instead i hope they would behave professionally and respectfully.

Hope that helped

robin