When a third party provides consent to a search, can the state carry its burden?

California, United States of America


The following excerpt is from People v. Errickson, A130855 (Cal. App. 2012):

When a third party provides consent, "the state may carry its burden by demonstrating that it was objectively reasonable for the searching officer to believe that the person giving consent had the authority to do so, and to believe that the scope of the

Page 13

consent given encompassed the item searched." (People v. Jenkins, supra, 22 Cal.4th at p. 974.)

Other Questions


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)
What is the burden of obtaining consent from a third party who has common authority to consent to a search? (California, United States of America)
When searching a third party newspaper office is a search that can be carried out without a search warrant? (California, United States of America)
In what circumstances will the court allow the police to search a bedroom without the consent of a third party? (California, United States of America)
Can a search warrant be used to search for marijuana and heroin in the bedroom of a defendant who had not consented to a search after his arrest? (California, United States of America)
When a motorist consents to a search, does that consent to search the vehicle? (California, United States of America)
Does a plaintiff have to share in any profits arising from the sale of a property to a third party in order to claim damages from the third party? (California, United States of America)
What is the burden of proving consent when a search warrant is sought for search and seizure? (California, United States of America)
Can a probation officer use a probation search condition to search the home of a third party for the purposes of obtaining an arrest warrant? (California, United States of America)
What is the test for obtaining consent from a third party to a warrantless search? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.