o
to fraud.
o
to deception.
o
to coercion.
According to the law, Article 31 and the MIRANDA-TEMPIA, protection rights do not need to be given for a
consent search. However, it is a good idea to go ahead and give the rights warning before you conduct the search.
Both Article 31 and MIRANDA-TEMPIA will be discussed later in this learning event.
Authority to Consent
Below are listed those persons who are authorized to consent to a search. Before you conduct a consent search,
make sure the person giving his or her permission is authorized to do so. Authorized persons are--
o
The person being searched.
o
Co-tenants and spouses can consent to searches of jointly-owned property.
o
People who are temporarily taking care of another person's property, if they are in legal possession of
that property.
o
Employers can consent to a search of an employee's work area for things connected with employment.
Persons who may not authorize consent searches are--
o
Landlords cannot consent to searches of property they have rented (Stoner v. California 376 U.S. 483
(1964)).
o
Co-tenants and spouses cannot consent to searches of property that is exclusively owned by the
accused.
o
People temporarily taking care of another's property that they do not legally possess.
o
Employers cannot consent to searches of their employees' personal use areas or property such as wall
lockers.
In the examples listed below, you are a military police supervisor. Determine if the persons consenting to search
had proper authority to give consent.
Example 1:
You are supervising MPI Jones on the track of PVT "Lightfingers Lou." Finally, Jones' lead pays off and he
discovers where Lou lives. Arriving at "Lou's" residence, Jones finds he is not home. This is no problem since
the landlord is at home in the next apartment. The landlord is eager to help
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MP2002
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