Page 98 - Original 2020 Legal Guide By Jack Ryan

Task: Consent Search and Authority of Consenting Party

Illinois v. Rodriguez, 497 U.S. 177 (1990).

Reliance by the law enforcement on the appearance of authority to

consent will not invalidate a search where it turns out that the person

granting consent lacked the authority to consent as long as such

reliance is reasonable under the circumstances articulated by law

enforcement.

Some Factors to consider:

• Age of person.

• Fact that person had keys.

• Appearance (clothing etc.) that would lead officer to believe that

person resides at the location.

©2020 Jack Ryan Legal & Liability Risk Management Institute 97