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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 house, and he leaves, he's taking the risk that somebody with authority will betray his trust.
Finally, Pardus rule is that you can only search those things, which the consenting person has common authority over. That just makes sense. If you're getting consent to search common areas of an apartment from a roommate, the roommate probably does not have common authority over his roommates bedroom, but would have common authority over a shared bathroom, shared kitchen, living room, hallway areas, and so forth. Maybe a hallway closet. If this, if the consenting person is the wife, she most likely has common authority over the shared bedroom, everything in the garage, in the attic, in the basement. In fact, that's probably gonna be rare, that there's something that is not
available for her, you know, for her to allow the search because usually spouses have common authority over the entire marital home. There can be exceptions and you want to look for those, but generally speaking, the answers that they have common authority because they have joint access, joint ownership, or control. We need one of those or more of those three things. I hope this helps you gotta you got to give me feedback guys, if this helps, you know, leave comments in the YouTube comments page. If I'm not doing a good job, tell me that too. If you want me to change it up a little bit
and so forth one make them shorter longer. Let me know what you want so I can make these useful for you know, for you for cops out there. And again, these are for cops. I do get some non cops on the comments page. And by the way, I do not mind this at all. But they you know, they get a little mad at me sometimes when I tell the cops the law and it's not quite what they thought the law was. So
They give me a little bit of a hard time. But I don't write the laws I teach them. So follow me on Facebook, follow me on YouTube and so forth. Please attend one of my training classes. I do this live and I you think that this is good. Go to my full day class, I'll blow your way this will be you will be you will I will clear up things that you've had confusion on for 20 years. I constantly get that feedback. So go to blue to gold.com look at the training calendar. We have online and live classes. And until next time, stay safe. When it comes to legal training, we're the gold standard. Visit blue to gold.com or Call 888-579-7796 today to purchase the search and seizure Survival Guide, register for a class or learn how to bring our search and seizure training to your agency