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If I am out somewhere, and say my door is open and there are drugs in plain view, if a cop was in the house could I be arrested even though I'm not there?

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In the US, there is a co-occupant consent rule (United States v. Matlock, 415 U.S. 164 (1974)). If a co-occupant of your house consented to a search, anything in plain view from the common areas is useable as justification for probable cause (for arrest) and admissible as evidence at trial.

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  • "Common areas" implies not a co-occupant's room, right? Unless you sleep on the couch. Oct 6, 2018 at 14:44
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    the answer says "visible from a common area" and the question said "door open". Nov 6, 2018 at 22:12

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