Exception: Consent Searches

Question 1

Consent Search Requirements

Answer 1

Police can conduct a consent search without Probable Cause or a Warrant; no suspicion at all is needed

Police don’t have to specify what they are looking for, state what they expect to find, or explain why they are searching

A person can withdraw consent, and then the search must cease.

Question 2

Consent Search Scope

Answer 2

Scope of search is to be judged by objective standard

Question 3

Schneckloth v. Bustamonte (1973)

Answer 3

RULE: To determine whether a search was voluntary doesn’t require that a person knew of his rights, but whether the totality of the circumstances showed that the person was voluntarily allowing the search
o There must be some affirmative assent

RULE: CONSENT TO A SEARCH IS VALID EVEN IF THE CONSENTER DID NOT KNOW HE COULD REFUSE (impractical to impose on police…)

Question 4

United States v. Matlock (1974)

Answer 4

RULE: Co-occupants can consent if there’s mutual use and general joint access of the property by the co-occupant and the other persons

Question 5

Illinois v. Rodriguez (1990)

Answer 5

RULE: Warrantless searches of a premises are permitted when police have a reasonable belief that voluntary consent was obtained from a party who possesses common authority over the premises; parent authority is good enough to justify search/objective

CONSENT THAT APPEARS VALID WILL BE DEEMED VALID

Question 6

Florida v. Jimeno

Answer 6

RULE: scope of consent search is governed by standard of “objective reasonableness” – dispositive question – would reasonable person have understood exchange between officer and suspect—As to entire home/unrestricted or one room/floor?

Question 7

Randolph

Answer 7

RULE: consent by one co-occupant won’t overrule express opposition by the other co-occupant—as long as both of them are physically present at the scene

Question 8

Fernandez v. CA

Answer 8

Joint access exception: physically present inhabitant express refusal of consent to search is dispositive as to him but ONLY when physically present

Question 9

Common Authority

Answer 9

RULE: Not tied to property law but tied to mutual use by persons having joint access

• One spouse can’t consent if the other is not there
• A parent can consent to the search of a child’s room
• A landlord can’t consent to the search of a tenant’s home
• A hotel clerk can’t consent to a visitor’s room
One roommate can’t consent to the entire apartment