What is the test for obtaining consent for a search of a portion of the premises jointly possessed?

California, United States of America


The following excerpt is from People v. Wilkins, 14 Cal.App.4th 761, 17 Cal.Rptr.2d 743 (Cal. App. 1993):

"[W]here premises are occupied by more than one person, a search of the portion of the premises jointly possessed is reasonable if consent has been granted by one of the joint occupants who is present at the time of the search.... The joint occupant who is present may consent to an entry and search although the person whose property is seized and who also has joint control of the premises is not asked for his consent ... or is not present...." (People v. Meneley (1972) 29 Cal.App.3d 41, 56, 105 Cal.Rptr. 432, citations omitted.)

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