| Wolf Eagle |
 | |  | |  | |  |
| Yes, You Do Have the Right to Refuse |
Third-party consent is when another person gives permission to the police to search
another individual's property. Most commonly, these cases involve landlords granting
police access to search a tenant's apartment; and parents allowing police to search their
children's room. There are three general rules for third-party consent to searches: (1)
husbands and wives may grant consent to search for each other; (2) parents can consent
to search their children's room; and (3) children are not allowed to consent to a search of
their parents' property because they are underage. Then again, on occasion a child may be
able to allow an entry and subsequent search of the "child's own bedroom". However,
once police are inside a home lawfully then whatever illegal things they see or observe in
"plain view" can land people in jail.
In addition to family members having third-party consenting privileges, there are two
types of authority for third-party consent to searching one's personal property. The two
types of authority are common authority and apparent authority. Common authority is
when there is shared use of a property and only one of the parties is present. This is
illustrated when a home is shared by two friends and one of the roommates is not present
at the time of the search. This type of search is only allowed in the common areas of the
property being searched. Apparent authority is when police enter property without a
warrant by someone who does not own the property, but who the police believe has some
form of authority over the property. This is best illustrated by a man who has a key to his
ex-girlfriend's apartment, thus displaying apparent authority over the property and
allowing the police to search the premises. Then again, in reference to Denton v.
Rievley, some officers just don't get it and are taught that lesson.
another individual's property. Most commonly, these cases involve landlords granting
police access to search a tenant's apartment; and parents allowing police to search their
children's room. There are three general rules for third-party consent to searches: (1)
husbands and wives may grant consent to search for each other; (2) parents can consent
to search their children's room; and (3) children are not allowed to consent to a search of
their parents' property because they are underage. Then again, on occasion a child may be
able to allow an entry and subsequent search of the "child's own bedroom". However,
once police are inside a home lawfully then whatever illegal things they see or observe in
"plain view" can land people in jail.
In addition to family members having third-party consenting privileges, there are two
types of authority for third-party consent to searching one's personal property. The two
types of authority are common authority and apparent authority. Common authority is
when there is shared use of a property and only one of the parties is present. This is
illustrated when a home is shared by two friends and one of the roommates is not present
at the time of the search. This type of search is only allowed in the common areas of the
property being searched. Apparent authority is when police enter property without a
warrant by someone who does not own the property, but who the police believe has some
form of authority over the property. This is best illustrated by a man who has a key to his
ex-girlfriend's apartment, thus displaying apparent authority over the property and
allowing the police to search the premises. Then again, in reference to Denton v.
Rievley, some officers just don't get it and are taught that lesson.
