What is the test for obtaining consent from a third party to a warrantless search?

California, United States of America


The following excerpt is from People v. Smith, C076766 (Cal. App. 2016):

Consent to a warrantless search may come from a third party with " 'common authority over or other sufficient relationship to the premises or effects sought to be inspected.' " (People v. Jenkins (2000) 22 Cal.4th 900, 977 (Jenkins).) When the state relies on a third party occupant's consent, two questions are raised: (1) did the third party have authority to consent to the search, and (2) did the scope of consent include the object or container searched. (See id. at p. 974.) The state carries its burden by showing it was objectively reasonable for the officers to believe the third party had authority to consent and the consent's scope encompassed the item searched. (Ibid.)

Other Questions


What is the burden of obtaining consent from a third party who has common authority to consent to a search? (California, United States of America)
Is a search of a toolbox search reasonable because the father's consent qualified under the third party-consent exception to warrant requirements? (California, United States of America)
Can a probation officer use a probation search condition to search the home of a third party for the purposes of obtaining an arrest warrant? (California, United States of America)
If a search warrant is obtained to search a house for shoes and/or clothes in connection with 5/9 Brims gang colors, is the search warrant supported by other lawfully obtained information? (California, United States of America)
When searching a third party newspaper office is a search that can be carried out without a search warrant? (California, United States of America)
Is a warrantless search of a person's home illegal unless the person consents to the search? (California, United States of America)
Can a search warrant be used to search defendant's home after he consented to the search? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
Can a search warrant be used to search for marijuana and heroin in the bedroom of a defendant who had not consented to a search after his arrest? (California, United States of America)
What is the test for obtaining consent for a warrantless search? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.