Consent

Question 1

Can consent allow a search even if there is no probable cause?

Answer 1

YES: large portion of police searches are conducted due to consent

Question 2

Rationale for consent:

Answer 2

1. Not a search with consent
2. Privacy is less harmed with consent

Question 3

Elements of Valid Consent: (3) (VAN)

Answer 3

1. The consent must be granted Voluntarily
   (Voluntariness does not require the target to know of their legal right to refuse)
2. Consent must be obtained by someone with real or apparent authority to consent
3. The scope of the Search must not exceed the consent granted

Question 4

What is Apparent Authority under Consenting to a Search?

Answer 4

Under the 4th Amendment, the police may enter a home without a warrant if they reasonably believe the person who consented to their presence has the authority to do so

Question 5

Who are the Parties who have the right to give Consent?

Answer 5

1. Actual Owner of the Property: if actual owner has maintained control of the property, they can consent to search
2. Co-Tenants: if two or more people share mutual use of a space then each co-tenant has broad authority to consent to search of jointly use spaces

Question 6

What happens when Police want to search a Co-Occupant space to which One Occupant does NOT Consent?

Answer 6

Police may not enter a home without a warrant to search for evidence where they obtain consent from an occupant, but a co-occupant is present and object to the search