In Illinois v. Rodriguez (1990), the police conducted the consent search of the suspect's apartment based on the consent of the suspect's former girlfriend. According to the apparent authority of third-party consent theory:
a. third-party consent cannot be used to enter a person's home, whether to make an arrest or to search.
b. the third party who is giving consent to search must have actual authority over the premises.
c. the warrantless entry to search based on third-party consent is valid if the officer reasonably believes that the person consenting had authority to consent.
d. a search completed pursuant to an officer's reasonable but mistaken belief that a third party had authority to consent violates the Fourth Amendment.
Question 2
Concerning third-party consent to search, in which of the following situations can one person consent to a search for the other person?
a. A janitor consenting to the search of the employer's premises.
b. A school administrator consenting to the search of a guidance counselor's locked desk containing confidential records.
c. A factory owner consenting to a search of items on top of an employee's workbench.
d. A landlord consenting to the search of a tenant's apartment.
Statutory guidelines for consent
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