Is a search of a toolbox search reasonable because the father's consent qualified under the third party-consent exception to warrant requirements?

California, United States of America


The following excerpt is from Scott K., In re, 155 Cal.Rptr. 671, 24 Cal.3d 395, 595 P.2d 105 (Cal. 1979):

Our final question is whether the toolbox search was reasonable because the father's consent qualified under the third-party-consent exception to warrant requirements. A warrantless search is reasonable when consent is granted by one who has a protectible interest in the property. Valid consent may come from the sole owner of property or from "a third party who possessed common authority over or other sufficient relationship to the premises or effects sought to be inspected." (United States v. Matlock (1974) 415 U.S. 164, 171, 94 S.Ct. 988, 993, 39 L.Ed.2d 242.) 9

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