Req’s reasonable belief consent given by someone who could properly give consent due to authority” apparent authority suffices “common – authority” on mutual use of property by persons generally “Common having joint access or control for most purposes Often comes down to whether police entitled to make reasonable assump about co-occupants R.E.P. Specific Instances of Third Party Consent Husband-Wife no per se rule; assume authority exists, but can be rebutted (for – certain of premises) US v. Duran – Parent Child Child living at home head of house can consent to search of room; maybe – diff if it is an adult Child may allow mere entry, but cannot consent to search of entire home Landlord-Tenant LL cannot consent to search of residence, only common areas – Hotel Employee cannot consent to search of guest room Employer-Employee Employer consent depends on expectation of privacy in area Employee consent depends on their authority (position) Joint Tenant can consent to search of entire house user can give consent to search (Frazier v. Cupp) Limits to Third Party Consent Antagonism (essentially need a want to put other person in jail) –courts Gonzalez v. where have spite, no right to waive spouse’s protection – Martin equal auth doesn’t lapse/revive with amicable relations – Defendant’s Instructions If police know, search NOT allowed If police do not know, search is good Refusal/Failure to Consent Georgia v. Randolph (2006) H refused, removed; W consented invalid – – If not present to make objection, the lose out on ability to object Other options if cant search deliver evidence, give info for PC, exigency – Scope of Consent FL v. Jimeno objective reasonableness; what would a normal person have – understood to be the consent Search of person (Rodney) cannot be more intrusive than Terry – Is Second Search Allowed? Nawrock consent allowed search at any time after CAR impounded – Brochu where passage of time greater and second search involved re-entry of – HOME, search not allowed. If get consent and all evidence, then warrant obtained before consent probably now invalid. SUPERVISORY POWER AND EXCLUSIONARY RULE
Req’s reasonable belief consent given by someone who could properly give consent due to “common authority” – apparent authority suffices “Common authority” on mutual use of property by persons generally having joint access or control for most purposes Often comes down to whether police entitled to make reasonable assump about co-occupants R.E.P. Specific Instances of Third Party Consent Husband-Wife – no per se rule; assume authority exists, but can be rebutted (for certain of premises) – US v. Duran Parent Child Child living at home – head of house can consent to search of room; maybe diff if it is an adult Child may allow mere entry, but cannot consent to search of entire home Landlord-Tenant – LL cannot consent to search of residence, only common areas Hotel Employee cannot consent to search of guest room Employer-Employee Employer consent depends on expectation of privacy in area Employee consent depends on their authority (position) Joint Tenant can consent to search of entire house user can give consent to search (Frazier v. Cupp) Limits to Third Party Consent Antagonism –courts (essentially need a want to put other person in jail) Gonzalez v. – where have spite, no right to waive spouse’s protection Martin – equal auth doesn’t lapse/revive with amicable relations Defendant’s Instructions If police know, search NOT allowed If police do not know, search is good Refusal/Failure to Consent Georgia v. Randolph (2006) – H refused, removed; W consented – invalid If not present to make objection, the lose out on ability to object Other options if cant search – deliver evidence, give info for PC, exigency Scope of Consent FL v. Jimeno – objective reasonableness; what would a normal person have understood to be the consent Search of person (Rodney) – cannot be more intrusive than Terry Is Second Search Allowed? Nawrock – consent allowed search at any time after CAR impounded Brochu – where passage of time greater and second search involved re-entry of HOME, search not allowed. If get consent and all evidence, then warrant obtained before consent probably now invalid. SUPERVISORY POWER AND EXCLUSIONARY RULE
CrimPro%20Kerr%20Outline.docx