Patrice had a position as the apartment manager of a large apartment building. Police were interested in one of the tenants who was a suspect in the homicide of his former wife
From police observations, Patrice appeared to be friends with the suspect and had even been observed exiting the suspect's apartment several mornings in a row after entering during prior evenings. Police approached Patrice at the door of her own apartment and inquired if she would grant consent for a search of the suspect's apartment. Patrice gave the officers a master key, but they wanted her to open the suspect's door with the passkey. She readily agreed to help, and Patrice unlocked the suspect's apartment. Patrice felt that it would be all right to allow the officers to search the suspect's apartment since she felt that her friend had nothing to hide. Police found incriminating evidence. Concerning the validity of the consent granted,
A) the consent cannot be valid since both the suspect and Patrice would have had to agree on granting consent.
B) the purported consent cannot be valid since the suspect rented the apartment and only he could have dominion and control.
C) the consent is clearly valid since Patrice possessed dominion and control over the premises by virtue of her position as apartment manager with a set of master keys.
D) the consent will be valid [on the above facts] so long as the police, in reasonably objective good faith, believed that Patrice possessed sufficient authority to allow the search.
E) A and B are correct responses.
B
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