Can my girlfriend give consent to search my house?

Generally, no. The test would be whether the person giving the consent to the police has an equal right to use the premises. Whether or not someone has an equal right may be inferred from the circumstances. For example, a wife may have an equal right to use anything in the home; therefore, she may have the right to give consent to a search of her husband’s closet.

On the other hand, a paramour may not have equal access in that she may not have a key to the home. Yet, if the paramour is living with the suspect, she may have equal use of the house.

The question of who can consent gets stickier when less familial relationships are involved. Can a hotel clerk consent to a search of a hotel guest’s room? The answer at one time was no, but now differs from state to state.

Whether or not the consent is given by the suspect or a third party , the consent must be voluntary. This means that the person’s consent cannot be made under duress or coercion. An example of duress might be that a person was not advised that he has the right to refuse to consent. An example of coercion is where an officer threatens or scares a person into consenting to a search.

(Updated December 5, 2007)