Answer to Question 1
The current rule is that the government must show a valid waiver based on the particular facts and circumstances surrounding the case, including the background, experience, and conduct of the accused. Additionally, a valid Miranda waiver requires a showing that the waiver was
knowing and intelligent.
Answer to Question 2
A handful of Supreme Court cases have focused on whether a third party (someone other than the authority asking for consent to search and the individual whose property is the target of the search) can give consent to have another person's property searched. Examples of such third parties include a landlord consenting to have a tenant's apartment searched, or parents consenting to have their child's room searched. As far as the immediate family is concerned, there are several general rules: (1) Wives and husbands can give consent to have their partners' property searched and (2) parents can give consent to have their children's property searched, but (3) children cannot give consent to have their parents' property searched. Children cannot give consent because they are considered incompetent to give voluntary consent, given their age.
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