Question
Burt and Ernie are roommates. They each have their own room but share the common areas. The cops believe that Burt is selling illegal guns
Burt and Ernie are roommates. They each have their own room but share the common areas. The cops believe that Burt is selling illegal guns but have yet to catch him in the act. They decide to knock on the door and see if they can get consent to search the house. Ernie answers the door and says that Burt is not home. Ernie gives the officers permission to search the entire house including the common areas, Burt's room, and Ernie's room, They find illegal guns and drugs in Burt's room. In court Burt claims the guns and drugs were illegally found as Ernie could not give permission to search his room. Is he correct? Why or why not? What areas of the home could Ernie give consent to search?
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