NCJ Number
34292
Journal
Valparaiso University Law Review Volume: 10 Issue: 1 Dated: (FALL 1975) Pages: 29-43
Date Published
1975
Length
15 pages
Annotation
REVIEW OF THIRD-PARTY CONSENT SEARCHES TO DEMONSTRATE THE INADEQUATE PROTECTION OF FOURTH AMENDMENT RIGHTS AFFORDED BY THE PRESENT ACCESS AND CONTROL TEST AND TO SUGGEST A WORKABLE MEANS OF SAFEGUARDING THESE RIGHTS.
Abstract
THE DEVELOPMENT OF THIRD-PARTY CONSENT TESTS THROUGH JUDICIAL DECISIONS IS DISCUSSED WITH PARTICULAR ATTENTION TO THE SUPREME COURT DECISION IN UNITED STATES V MATLOCK (1975) WHICH ESTABLISHED THE ACCESS AND CONTROL TEST EMPHASIZING CONSENTING PARTY'S RELATIONSHIP TO PLACE SEARCHED. PROBLEMS LEFT UNSOLVED BY THE MATLOCK DECISION ARE EXAMINED AND A PROPOSAL FOR SAFEGUARDS TO PROTECT THE PRIVACY RIGHTS OF SUSPECTS WHILE NOT SERIOUSLY HANDICAPPING POLICE INVESTIGATIVE POWERS IS INCLUDED.