Give examples of a person 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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