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0 tracked cards Constitutional Law

Officers ask a tenant for permission to search the apartment she shares with her cousin. She calmly says yes and lets them into the living room. The cousin is absent. The officers find evidence on a shared coffee table. The cousin moves to suppress, arguing that he never personally consented and that the tenant was not warned she could refuse.
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Consent is valid if voluntary under the totality of the circumstances, and a person with actual or apparent common authority may consent to a search of shared areas. Consent is valid whenever police ask politely, regardless of coercive circumstances. Consent by one roommate always permits a search over another physically present roommate's express objection. Consent is valid only if written and signed.

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