NCJ Number
137602
Journal
Law Enforcement Bulletin Volume: 61 Issue: 7 Dated: (July 1992) Pages: 27-32
Date Published
1992
Length
6 pages
Annotation
Several recent U.S. Supreme Court decisions have answered most of the questions remaining since the 1974 decision in United States v. Matlock regarding consent as an exception to the fourth amendment requirement for a search warrant.
Abstract
In Illinois v. Rodriguez, the Court decided that consent was valid if the police wrongly, but reasonably believed that the consenting person had apparent authority over the premises. In United States v. Whitfield, the Court distinguished between mistakes of law and mistakes of fact, holding that even a reasonable mistake of law does not result in a valid consent. Other cases have established that failures to develop the available facts also make consent invalid. However, an issue that has not been definitely resolved by the courts pertains to the law enforcement officer's ability to search locked items. The decisions all make clear that even the refinements in consent doctrine do not excuse failures to know the law or develop the facts prior to a search. 30 reference notes