What is the test for obtaining consent from a third party to a warrantless search?

California, United States of America


The following excerpt is from People v. Smith, C076766 (Cal. App. 2016):

Consent to a warrantless search may come from a third party with " 'common authority over or other sufficient relationship to the premises or effects sought to be inspected.' " (People v. Jenkins (2000) 22 Cal.4th 900, 977 (Jenkins).) When the state relies on a third party occupant's consent, two questions are raised: (1) did the third party have authority to consent to the search, and (2) did the scope of consent include the object or container searched. (See id. at p. 974.) The state carries its burden by showing it was objectively reasonable for the officers to believe the third party had authority to consent and the consent's scope encompassed the item searched. (Ibid.)

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