Greensboro attorneys describe consent to search rule as follows:
A Greensboro police officer may obtain consent to search from a person whose reasonable expectation of privacy may be invaded by the anticipated search.
So, as a general rule, if you an occupant of a place, you have an expectation of privacy. Roommates, or spouses, for example, would both be able to give valid consent.
An exception may exist, however, when a person who is physically present objects.
Two Supreme Court cases, Georgia v. Randolph, 547 U.S. 103 (2006) and Fernandez v. California, (2014), lay out different scenarios where this exception may come into play. There are no North Carolina cases on the subject that interpret these cases.
If you have been arrest because of a consent search, or search warrant, and seek a suppression motion to exclude evidence, contact top Greensboro lawyers Garrett, Walker, Aycoth and Olson. We have the experience to take the case to trial, and look forward to discussing potential defenses that may exonerate you.