In U.S. v Matlock, what can be used to justify a warrantless search by proof of voluntary consent?

Gear up for the TCOLE Important Case Law Test. Study with interactive flashcards and multiple choice questions, with detailed hints and explanations to acing your exam!

The case of U.S. v. Matlock is significant in establishing that consent for a warrantless search can be obtained from a third party, provided that the third party has common authority over the premises being searched. Common authority refers to the shared rights or interests in the property, allowing one party to grant permission for a search on behalf of others who have an equal interest in that property.

In this context, the idea is that if two or more people have access to a space, any one of them can give valid consent to search that area. This principle is based on the idea that individuals can reasonably expect that others with whom they share a space might have the authority to allow someone else into that space. Therefore, if a law enforcement officer receives consent from a third party who has recognized authority over the premises, that consent can justify a warrantless search, making it legally valid.

Other options do not align with the legal precedents set in Matlock. Consent solely from the defendant undermines the principle of common authority, as a single individual's permission in instances where multiple parties share authority over a property may not suffice. Consent obtained after the search cannot justify the legality of the search itself, as it must be prior to and not subsequent to the police

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy