NCJ Number
139698
Date Published
1992
Length
6 pages
Annotation
This review identifies for police officers the technicalities involved in the conduct of a consent search.
Abstract
With the proper consent, it is lawful for the police to search a person, a vehicle, a residence, or any other area or object. This is the case even if the officers lack probable cause to obtain a search warrant. However, a consent is invalid unless obtained from the proper person which is the individual who has the necessary authority to consent to the search. Either the owner or operator may consent to a motor vehicle search. If police obtain a consent from a person who does not have "common authority" over the premises and consequently lacks the power to give the consent, the search normally will be invalid. The consent must be clear and unequivocal to be effective in the eyes of the law. The consent may be limited, expressly or implied, and may be withdrawn at any time. 59 footnotes