Consent Searches

Question 1

Consent Searches

Answer 1

exception to warrant and PC requirements
- valid consent to search a noncustodial subject must be voluntarily obtained, not the product of coercion or durress, express or impplied, as judged by the totality of the circumstances.

Question 2

Showing for a valid consent search

Answer 2

Voluntariness

Question 3

Factors of Voluntariness

Answer 3

1. police behavior
2. external influences on consenters will
3. internal, subj. vulnerabilities of consenter suscepitbility to pressure, and
4. knowledge by the consent of a right to refuse consent

Question 4

Consent search scope

Answer 4

defined by the consent, whatever and wherever us voluntarily consented to

Question 5

Co-Occupant Consent

Answer 5

legally sufficient to waive an absent co-occupants 4th amendment rights, as long as they have** common authority** over and other sufficient relationship to the premises to be searched

Question 6

Common Authority

Answer 6

mutual use of the property by persons generally having joint access or control for the most purposes, so that it is rsbl to recognize that any of the co-inhabitants has the right to permit the inspection in his own right and that the others have ASSUMED THE RISK that one of their number might permit the common area to be searched

Question 7

mistake/apparent authority

Answer 7

warrantless search of premises is reasonable if the police reasonably but mistakenly believe that someone with common authority over the apartmetnt consent to the search of it

if it is unreasonable to believe a person has authoity, then warrantless entry is unlawful unless authoirty actually exists

Question 8

HYPO: police are aware that co-ocupant would likely object if present so they wait until co-ocupant leaves to get other co-occupant’s consent to search

Answer 8

this is lawful, fernandez v. california: when the co-resident is removed for objectively reasonable purposes, the remaining resident may validly consent to a search