6 min
Can you get consent to search after the non-consenting spouse has left? The Search & Seizure Show
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The following is a computer-generated transcription, some grammar and spelling errors may be inherent
Hey guys, it's Anthony Bandiero here with blue to gold law enforcement training, giving you another roadside chat. Today's question is one that I get all the time around the country. And it's, it's important. So let's go through, can you get consent to search a home from a spouse, even if the non consenting spouse has left?
Okay, so the answer is yes, you can, you can use that consent, even if the person who is non consenting, let's say, let's say the wife will allow you to search the home, but the husband is like, no way you can not search the house. And he tells you, you know, that, that, that my lack of consent is good for the next two years, right. And then he goes to the store, he goes to work, he gets arrested. And the question is, can we now go back to the wife and ask her for her consent, even though we know that her husband has already said no? And the answer is? Absolutely, yes.
Here's why.
When a spouse leaves the property, for a lawful reason, for example, they get arrested. And that arrest was not done to remove them from the you know, from the environment, but done for lawful reason, domestic warrants, whatever, or they go to the store to get a six pack of beer, they are taking the risk, that the person that they leave behind will betray their trust.
All law enforcement officers need to conduct a consensual search on a house, apartment, whatever is valid consent from someone with a parent authority. And
a non consenting spouse or roommates is not present at the time of the search. That's what it is. That's the rule. This comes from a Supreme Court case called California vs. Fernandez. Now many officers are thinking about a case called Georgia versus Randolph, where the non consenting husband was on scene and says you cannot search my house, the wife said yes, husband said no, the police searched anyway. Well, we know the result of that case, you can't do it. But if the husband is going to leave his drugs, his illegal guns and whatever at the
The following is a computer-generated transcription, some grammar and spelling errors may be inherent
Hey guys, it's Anthony Bandiero here with blue to gold law enforcement training, giving you another roadside chat. Today's question is one that I get all the time around the country. And it's, it's important. So let's go through, can you get consent to search a home from a spouse, even if the non consenting spouse has left?
Okay, so the answer is yes, you can, you can use that consent, even if the person who is non consenting, let's say, let's say the wife will allow you to search the home, but the husband is like, no way you can not search the house. And he tells you, you know, that, that, that my lack of consent is good for the next two years, right. And then he goes to the store, he goes to work, he gets arrested. And the question is, can we now go back to the wife and ask her for her consent, even though we know that her husband has already said no? And the answer is? Absolutely, yes.
Here's why.
When a spouse leaves the property, for a lawful reason, for example, they get arrested. And that arrest was not done to remove them from the you know, from the environment, but done for lawful reason, domestic warrants, whatever, or they go to the store to get a six pack of beer, they are taking the risk, that the person that they leave behind will betray their trust.
All law enforcement officers need to conduct a consensual search on a house, apartment, whatever is valid consent from someone with a parent authority. And
a non consenting spouse or roommates is not present at the time of the search. That's what it is. That's the rule. This comes from a Supreme Court case called California vs. Fernandez. Now many officers are thinking about a case called Georgia versus Randolph, where the non consenting husband was on scene and says you cannot search my house, the wife said yes, husband said no, the police searched anyway. Well, we know the result of that case, you can't do it. But if the husband is going to leave his drugs, his illegal guns and whatever at the
6 min