Question

When can third parties consent to warrantless searches and seizures? For example, can a roommate consent to the search of the entire shared home? What about a family member? Does it matter whether the relevant part of the shared residence is a common area, or if it is locked?

Answer 1

For warrantless search there may be misunderstanding between the police and the accused person. Besides, all the time there may not be possible to get the court order. The situation may appear such a position that police needs instant search warrant. Otherwise there may be chance to lose the evidences. Therefore the police searches the place and as witness takes the consent of the persons who are present there at that moment. It may be unknown both to police and the accused person. But police takes detail of the witness.

Here roommate can be witness and he would be better witness. In front of the roommate the seizure list is made and it is signed by him. It is more authentic.

Family members can be witness and the police make seizure list and the list is signed by them.

In case of locking a common area the police need to arrange an alternative way to avoid problems of the people. Basically a common area is marked so that people do not use this and it is relevant for the investigation.