Actual Authority vs Apparent Authority to Consent to Police Searches

this video is number two in our series on consent searches and will explain who has authority to consent to a police search and how that may help you defend your criminal case that's coming up right after this welcome back to cos status law if this is your first visit here I'm Steve Gus Titus and this is my channel if you have not yet subscribed to cast artist law consider becoming a part of the community here by clicking on that capital black and white G down in the lower right hand corner of the video screen you'll get weekly videos about how to effectively navigate the criminal justice system how to manage encounters that you may have with the police and how to defend criminal charges if you liked today's video consider giving it a thumbs up and sharing it on your other social media platforms finally links to other videos in this series on consent searches can be found down in the description section below authority to consent to a police search can be broken down into two general categories number one is called actual authority to consent number two is called apparent Authority these two general classifications are extremely important because if the person consenting to the search lacks both actual authority and apparent Authority then the search is illegal and any evidence seized by the police pursuant to that consent search can be excluded and suppressed from trial based on the Fourth Amendment exclusionary rule actual authority to consent means that the person consenting has the actual power to expose what would otherwise remain private in other words the police cannot just ask some random person on the street for permission or consent to search your belongings for example I have actual authority to consent to a search of my safe deposit box down at the bank I rent the box I have a key to the box and I control what goes into and out of my safe deposit box consequently I have the actual power to expose what would otherwise remain private likewise my wife also has actual authority to consent to the search of the safe-deposit box because she shares common control over the safe deposit box with me common authority to consent to a search can be shown by persons who have mutual use and common control over the property to be searched if a person consenting to a police search does not have actual authority to consent the police can still rely upon the person's apparent authority for example the police may ring your doorbell and find a woman answering the door who claims to be your wife the police requests permission from this woman to search your home and she says sure come on in the police then search your bedroom they find drugs or other contraband there but it turns out that this woman was in fact a burglar who had no legitimate interest in your property and no actual authority to consent to a search as long as the police made reasonable inquiries and develop a reasonable belief that the woman giving consent was in fact your wife then the drugs and other contraband found in your bedroom can be used as evidence against you in court under the apparent authority doctrine if the person consenting lacked both actual authority and apparent authority to consent to a search then evidence is seized as a result of that consent search can be suppressed from evidence under the Fourth Amendment exclusionary rule if you think there are a consent issues involving Authority in your particular case then make sure you discuss those with your criminal defense lawyer a pre-trial motion to suppress might be the appropriate form of attack to try to exclude and suppress that evidence from court do you have any questions or any comments about consent searches or actual and apparent authority if you do then add those down in the comment section below and we can begin a discussion that might help others too if you liked today's video give it a thumbs up and don't forget to share it on your other social media platforms thanks for watching and I look forward to seeing you next time here at Gustavus law

Channel: Gustitis Law

Views: 7,001

Keywords: actual authority vs apparent authority, actual authority, actual authority and apparent authority, consent search, criminal law, 4th amendment, probable cause, criminal defense lawyers, Bryan, college station, police search, consent to search, fourth amendment rights, brazos county, gustitislaw, criminal lawyer, criminal defense, best defense tactics, criminal defense strategies, criminal defense lawyer, criminal defense attorney, criminal defense attorneys, criminal attorney

Id: -LkkQLe0rAI

Length: 5min 51sec (351 seconds)

Published: Wed Mar 20 2019