Summary
If you were present and explicitly denied consent for a search in Kentucky, the search may be unlawful under the physically present objector rule. This rule, recognized by the Supreme Court in Georgia v. Randolph, states that a search is unreasonable if one physically present resident objects, even if another resident consents. Exceptions include exigent circumstances or a valid search warrant. Exigent circumstances refer to emergency situations like immediate danger to life, evidence destruction, or suspect escape. If none of these apply, you may have grounds to challenge the searchs legality. Consult your attorney for further steps.Full Conversation
I was indicted on drug traffickung charges . I feel like my rights were thrown away though because my husband gave per.issin for the oolice to search and i did not .
Hello ****, would you mind sharing which state you reside in? It will help me provide accurate information since search and seizure laws can vary from state to state.
Kentucky
Hello ****, in Kentucky, the consent of one occupant can be sufficient for a lawful search. However, there are exceptions. May I know if you were present during the search and explicitly denied consent?
I was present and i did let them know i do not consent
In Kentucky:
- If you were present and explicitly denied consent, the search may be unlawful.
- This is due to the rule of "physically present objector."
- Consult with your lawyer for further steps.
Can you tell me more about the law
Certainly, ****. The "physically present objector" rule, recognized by the Supreme Court in Georgia v. Randolph, holds that:
- A search is deemed unreasonable if one physically present resident objects, even if another resident consents.
- This rule applies even if the objecting resident is a co-occupant.
- Exceptions include exigent circumstances or valid search warrant.
What does exigent circumstances mean
Exigent circumstances refer to emergency situations that allow law enforcement to bypass certain legal requirements, like obtaining a search warrant. It can include situations where there is immediate danger to life, evidence is about to be destroyed, or a suspect is about to escape.
None of those things were about to happen thougb
That's important information. In such a case, you may have grounds to challenge the legality of the search. You should discuss this with your attorney who can guide you on the best course of action.
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