Question: If my wife and I are renting a room from my mother, and a search warrant is executed on her residence, can the officers legally search the room my wife and i rent or is that considered a seperate dwelling even though its in the same building?

Answer: The officer typically can search the room, unless it has a lock on the door, and it is clear that she does not have access to the room. If the warrant is for items that point to a crime that your mother is involved in, and there is a lock on your door and your mother tells the police she does not have access to your room, and the police have to break off the lock off of your door, then typically the judge will suppress the evidence against you, which means the officer will search, find the items, but the judge may not allow the items to be used against you. The items may still be used against your mother.

Answered By Lawrence Lewis - Criminal Defense Attorney in Duluth

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