Warrantless Search And Contract Law Case Study

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The detectives did not have the lawful authority to conduct a warrantless search of Archer’s property, because Johnson did not have either the actual or apparent authority necessary to provide lawful third party consent to search. Warrantless searches based on consent are only lawful if provided by either the person who owns the property or by a third party “who possesse[s] common authority over or [a] sufficient relationship” to the property. Illinois v. Rodriguez, 497 U.S. 177, 181 (1990); U.S v. Matlock, 415 U.S. 164, 171 (1974). Moreover, a third party is only able to “properly consent to a search if they have equal control over and equal use of the premises being searched.” Becknell v. State, 720 S.W.2d 526, 528 (Tex. Crim. App. 1986).
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