Give examples of who can consent to a search for someone else. Explain the difference between actual and apparent authority to consent for another person
What will be an ideal response?
The law gives examples of situations where one person can consent to a search for
someone else. (1) One lover consents to a search of the room shared with the other
lover. (2) One roommate consents to a search of an entire apartment shared with
another roommate. (3) A homeowner consents to a search of a room that a house
guest occupies. (4) A joint user of luggage consents to a search of the shared
luggage. (5) A high school principal consents to a search of a high school student's
locker. (6) A factory manager consents to a search of items on top of an employee's
workbench.
Actual authority to consent for another person exists when in fact one person has legal
authority to consent for someone else to a search by police of the other person's house
or possessions.
Apparent authority exists when one person does not in fact have legal authority to
consent to police searching another's house or possessions but, based on the
circumstances, the police reasonably believe that the consenting person does have the
actual authority.
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