Is consent valid to search without a warrant valid?

California, United States of America


The following excerpt is from People v. Plaster, C052986 (Cal. App. 8/3/2007), C052986 (Cal. App. 2007):

Consent is not valid unless "`the facts available to the officer at the moment'" would "`"warrant a man of reasonable caution in the belief"' that the consenting party had authority over the premises. [Citation.]" (Illinois v. Rodriguez (1990) 497 U.S. 177, 188 [111 L.Ed.2d 148, 161] (Rodriguez).) However, the person giving the consent need not have the actual authority to consent to the search. "The Constitution is no more violated when officers enter without a warrant because they reasonably (though erroneously) believe that the person who has consented to their entry is a resident of the premises, than it is violated when they enter without a warrant because they reasonably (though erroneously) believe they are in pursuit of a violent felon who is about to escape. [Citation.]" (Id. at p. 186 [111 L.Ed.2d at p. 160].)

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