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View Full Version : Didnt consent to search, my stuff was searched


902231
10-20-2008, 06:19 PM
Hi, want to keep this vague for obvious reasons. I was in my apt at school, me and my two friends were there only one of them had permission to be there early (ill call him sam)... me and my other friend (carl) were supposed to move in in a couple of days....the RA comes to the door because he notices were there early... he allegedly smells an illegal odor....

he ends up calling the police they come and start questioning us doing their big bad cop act....anyways they get Sam to sign a consent to search form but neither my name or carls was on the search form...Now they ransacked the whole apartment... Going through sams carls and my room and drawers and such, they find some things in my drawer that shouldnt have been there.... are they allowed to search my belongings, i didnt consent to anything?? granted i wasnt supposed to be there, i was in violation of school policy bla bla bla.... but still my personal belongings were searched on the basis of a consent to search form with sams name on it....sounds like a no no to me but im no law student so thats why im here....can someone please tell me if theres a chance it could get tossed?

I have a criminal defense lawyer. his first reaction was to attack the search and he thought my things should not have been gone through given that i did not sign consent form and there was no warrant, however im looking for some more opinions and maybe even some links to examples of similar cases....any comments are much appreciated