Legal Definitions - common-authority rule

The common-authority rule is a legal principle that allows one person to give valid consent for law enforcement to searchproperty that is also used, controlled, or accessible by another person.

This rule applies when the consenting individual has a legitimate right to use or access the property themselves. The underlying idea is that by sharing common access or control over a space, the other person (whose property is being searched) is considered to have accepted the risk that a co-user might permit such a search.

• Example 1: Roommates Sharing an Apartment

  Imagine two roommates, Sarah and Maria, share an apartment. Police officers arrive at their door, looking for an item they believe is located in the apartment's living room. Sarah is home and, when asked, gives the officers permission to search the living room.

  This illustrates the common-authority rule because both Sarah and Maria have common use and access to the living room. Sarah, as a co-occupant with authority over the shared space, can legally consent to its search. Maria, by choosing to share the apartment, is understood to have assumed the risk that Sarah might allow a search of their common areas.

• Example 2: Spouses Sharing a Home

  Consider a married couple, Tom and Lisa, who own a house together. Police suspect Tom has illegal items stored in the backyard shed, which both Tom and Lisa use for gardening tools and general storage. Lisa is present at the home and grants the police permission to search the shed.

  Here, the common-authority rule applies because Lisa has common authority over the shed; she uses it, controls access to it, and stores her own items there. Her consent is therefore valid for a search of that shared space, even if Tom is not present or would have objected.

• Example 3: Business Partners Sharing an Office Storage Area

  Suppose Alex and Ben are business partners who share an office suite, including a locked storage closet where they both keep business supplies and some personal items. Police officers arrive with questions about items they believe are in the storage closet and ask Alex for permission to search it. Alex provides consent and unlocks the closet for them.

  This scenario demonstrates the common-authority rule because Alex has common access and control over the storage closet. He possesses the authority to consent to its search. Ben, by sharing the office and storage space, is deemed to have accepted the possibility that his business partner, Alex, could grant permission for a search of that shared area.