NCJ Number
12929
Journal
CHICAGO UNIVERSITY LAW REVIEW Volume: 41 Issue: 1 Dated: (FALL 1973) Pages: 121-145
Date Published
1973
Length
25 pages
Annotation
REEXAMINATION OF THIRD-PARTY CONSENT SEARCHES IN LIGHT OF RECENT SUPREME COURT FOURTH AMENDMENT DECISIONS, AND DISCUSSION OF NEW GUIDELINES FOR SUCH SEARCHES.
Abstract
RECENT DECISIONS HAVE MOVED FROM AN EMPHASIS ON PROPERTY CONCEPTS TO A CONSIDERATION OF BOTH PROPERTY CONCEPTS AND THE DEFENDANT'S REASONABLE EXPECTATIONS OF PRIVACY AS THE GROUNDS FOR CONTESTING THIRD-PARTY CONSENT SEARCHES. GUIDELINES FOR EVALUATING THE LEGITIMACY OF CONSENT IN TERMS OF THE REASONABLENESS OF THE DEFENDANT'S EXPECTATIONS OF PRIVACY ARE HELD TO CENTER ON THE ISSUE OF WHO INITIATES THE SEARCH. IT IS PROPOSED THAT WHEN A THIRD PARTY IN POSSESSION OR CONTROL OF THE PROPERTY INITIATES THE SEARCH, THERE SHOULD BE STRONG PRESUMPTION THAT THE PARTY HAS COUNTERVAILING INTEREST SUFFICIENT TO RENDER THE DEFENDANT'S EXPECTATIONS OF PRIVACY UNREASONABLE. WITH POLICE-INITIATED SEARCHES, PRESUMPTION OF SUFFICIENT THIRD PARTY COUNTERVAILING INTEREST SHOULD NOT BE MADE, AND THIRD PARTY CONSENT SHOULD BE ASSUMED TO BE NON-LEGITIMATE.