The Search Of Mr. Chester George's House

2225 Words Jan 27th, 2015 9 Pages
Questions Presented
1. Was the search of Mr. Chester George’s dwelling on December 22nd, 2014 unlawful based on the theory of consent, when considering that Dedwin Shelling, a friend of Mr. George’s, consented to the search but Mr. George who was the homeowner protested that he did not give consent for the search?
2. Did the police have authority to enter the premises when they entered the home of a third party on the basis of a “residence check”?
3. Did the police have authority to enter the house based upon the mistake that it was Dedwin Shelling’s home when Mr. Shelling put the house as his home address and then when the police came to call Mr. Shelling was the one to answer and invite them inside?
Short Answers
1. The search of Mr. George’s dwelling based on the consent of Dedwin Shelling will most likely be held to be unlawful because Mr. Shelling did not have authority to give consent, and even if he did his consent would have been superseded by the protests of Mr. George.
2. The police did not have authority to enter the premises of a third party on the basis of a “residence check” because there is nothing to suggest that their right to search the parolee without a warrant extends to third parties.
3. The police may have had authority to enter the house based upon the reasonable mistake that it was Mr. Shelling’s home because a reasonable person under the circumstances would have believed it to be his home.

Statement of Facts This is a case of possession of…
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