Friday, October 9, 2015

Lamb Co-Occupant consent to search valid. State v. Lamb 218 NJ 300 (2014)




In this appeal, the Court considered the validity of a warrantless search of a house, specifically addressing whether the knowing and voluntary consent by an occupant to search a premises is constitutionally effective against a third party when an absent co-occupant has objected to the search.
Co-Occupant consent to search valid. State v. Lamb 218 NJ 300 (2014)
    After a shooting, mother could give permission to search her home where son lived.
 Under the circumstances of this appeal, an occupant’s knowing and voluntary consent to search a premises is constitutionally effective against a third party and is not nullified by the prior objections of an absent co-occupant whose absence is not the result of a police effort to avoid an objection.

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