apprehend "Lou." He gives permission to search "Lou's" apartment and gives access. Is this a legal search in
accordance with (IAW) the "consent to search" laws? No! According to the case of Stoner v. California, a
landlord cannot consent to search of property he or she has rented.
Example 2:
An MP working in the section you are supervising reports a search conducted earlier during the day. MP Stone
learned that the wicked "Lightfinger Lou" might really be PVT Larry Lou. MP Stone approached PVT Lou's
supervisor and requested permission to search PVT Lou's work area. Lou's supervisor agreed to let MP Stone
search Lou's work area. The supervisor also let MP Stone search the employee lounge. While MP Stone was
searching the work area, the supervisor unlocked and opened PVT Lou's personal wall locker where MP Stone
found evidence that related to a recent theft. Under the consent to search laws, was MP Stone's search legal? Can
you explain which parts of this scenario were legal and which were not?
MP Stone was within the limits of the law searching PVT Lou's work area. It was also legal for MP Stone to
search the employees' lounge area. The search of PVT Lou's locked wall locker, however, was not legal. PVT
Lou's supervisor did not have legal authority to consent to a search of PVT Lou's personal area.
We have just finished discussing examples of voluntary consent to search. There are certain factors that must be
present to show that the consent was given voluntarily. Those factors are--
o
Defendant's education.
o
Whether the questioning was prolonged.
o
Whether the defendant was already under apprehension.
o
Whether the defendant's act of assisting in the search demonstrated consent. For example, did the
defendant unlock containers for the search?
Remember: Your MP must follow these legal considerations while conducting a consent search. If they violate
these rights, evidence seized will not be admissible in court.
PART B - PROCEDURES REQUIRED FOR SEARCHING PEOPLE, VEHICLES, AND BUILDINGS
Part B is concerned with searching people, vehicles, and buildings. In this learning event, you will determine the
requirements for--
o
Search incident to an apprehension.
o
Search under exigent (urgent) circumstances.
MP2002
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