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Friday, October 09, 2015

Coles If Defendant unlawfully detained, third person’s consent to search...




If Defendant unlawfully detained, third person’s consent to search no good. State v. Coles 218 NJ 322 (2014)
 The defendant was already in patrol car. His aunt let police into his locked bedroom. Police find guns.
 Under the circumstances presented here, a third party’s consent to conduct a warrantless search of a defendant’s living space is insufficient to justify the search when the defendant is unlawfully detained by police.