If you were not present, your roommate can give consent to search, whether she was your girlfriend, partner, wife or whatever. However, many factors come into play. If, for instance, you had a specific area of the house/apartment that was your space and not normally a place where the other guy/gal went without your permission, you may have a case for suppression. Consult an attorney.

Unfortunately, the answer is likely yes. The fact that you live with your girlfriend is probably more than enough to make the consent valid. If the police found any incriminating evidence, you should see an attorney ASAP.

If they reasonably believed you were living together and reasonably believed she had the power to consent, then if she was stupid and thoughtless enough to do so, you are sunk. It has nothing to do with whose name is on the lease - the cops don't have to be real estate lawyers to obtain actionable consent. Our best protection is always to say no. It never, ever helps to cooperate with the cops - NEVER. www.kennedyforlaw.com