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How Police Apply Consent to Search Laws

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1. How does a police officer decide whose consent to seek when searching a place where there are multiple owners, like a husband and wife, parent and child, or landlord and tenant? Do you share your home with someone else? Should that person be allowed to consent to a police search of your personal belongings?

2. Why is it important in the application of the plain view doctrine that a law enforcement officer be in a place where the officer has a right to be? Can an object be "immediately apparent" if an officer needs a mechanical aid, such as a flashlight, to see it?

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Solution Summary

This solution provides insight into how police apply consent to search law in regards to who has the autonomy to give consent in certain different scenarios as well as in regard to the officer adherinig to the rule of law regarding search and seizure stops.

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1. How does a police officer decide whose consent to seek when searching a place where there are multiple owners, like a husband and wife, parent and child, or landlord and tenant? Do you share your home with someone else? Should that person be allowed to consent to a police search of your personal belongings?

The police decides' who is the official owner of the house before searching; wherein if it is a husband and wife with both names on the deed if one party objects they would have to acquire a search warrant. If the wife or husband gives consent and their name is the only name on the ...

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Raushaun Rigsby, MSc
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  • Associates of Arts , Lone Star Community College
  • Bachelor of Science , Sam Houston State University
  • Masters of Science, Kaplan University
  • Masters of Science , Kaplan University
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