NCJ Number
62957
Date Published
1976
Length
0 pages
Annotation
AS PART OF CONSENT SEARCHES A SERIES ON CONSENT SEARCHES FOR POLICE OFFICERS, THIS FILM DESCRIBES PARTICULAR SITUATIONS IN WHICH WARRANTLESS SEARCHES WILL OR WILL NOT BE VALIDATED BY THE CONSENT OF A NONSUSPECT PERSON.
Abstract
OFFICERS SHOULD REALIZE THAT THE FOURTH AMENDMENT RESTRICTIONS AGAINST SEARCH FOR CONTRABAND DO HAVE LIMITED EXCEPTIONS. ALTHOUGH A SEARCH WARRANT IS USUALLY REQUIRED FOR A SEARCH THAT OBTAIN ADMISSIBLE EVIDENCE, A WARRANTLESS SEARCH MAY BE CONDUCTED WITH THE CONSENT OF A PERSON WHO HAS EXCLUSIVE CONTROL AND OWNERSHIP OVER THE AREA TO BE SEARCHED. FOR EXAMPLE, A BURGLARY SUSPECT MAY GIVE CONSENT TO A SEARCH OF HIS OR HER HOUSE IF THE CONSENT IS GIVEN VOLUNTARILY. HOWEVER, A JOINT TENANT TO THE HOUSE MAY OBJECT TO THE PROPOSED SEARCH, AND REQUIRE POLICE TO OBTAIN A VALID WARRANT. UNLESS EMERGENCY CIRCUMSTANCES COMPEL AN IMMEDIATE SEARCH, THE COMMON AUTHORITY OF A JOINT TENANT PREVAILS OVER THE INITIAL CONSENT OF THE SUSPECT. THE FOURTH AMENDMENT PRECLUDES THE SEARCHING BY POLICE OF A SUSPECT'S PERSONAL PROPERTY WITHOUT A WARRANT, BUT RELATIVES OF THE SUSPECT MAY PROPERLY CONSENT TO WARRANTLESS SEARCHES OF AREAS OWNED BY THE NONSUSPECT RELATIVES AND MERELY USED BY THE SUSPECT. LIKEWISE SPOUSES MAY VALIDLY CONSENT TO WARRANTLESS SEARCHES OF SHARED PROPERTY, BUT EVIDENCE SEIZED FROM AREAS OR CONTAINERS WHICH WERE UNDER THE EXCLUSIVE CONTROL FO THE SUSPECT WOULD BE INADMISSIBLE. FRIENDS AND LANDLORDS OF THE SUSPECT COULD NOT LEGITIMATELY CONSENT TO SEARCHES OF AREAS WHICH THEY DID NOT CONTROL. ALTHOUGH THE LANDLORD MAY ENTER AN APARTMENT FOR MAINTENANCE PURPOSES, AUTHORITY TO CONSENT TO A SEARCH WOULD NOT EXIST UNLESS THE LANDLORD HAD EVICTED THE TENANT AND 'RECAPTURED' THE APARTMENT. FOURTH AMENDMENT PROTECTIONS FAVOR THE LAWFUL TENANT. (TWK)