Legal Definitions - third-party consent

Third-party consent occurs when one individual grants permission for an official action, such as a search by law enforcement, that directly affects the rights or property interests of another person. For this consent to be legally effective, especially concerning a search, the person giving permission must possess a recognized level of shared control or authority over the specific place or item being subjected to the action.

• Example 1: Shared Apartment
  Two college students, Alex and Ben, share an apartment. Police arrive looking for Ben and ask Alex if they can search the apartment. Alex agrees and lets them search the living room, kitchen, and his own bedroom. However, Alex cannot legally consent to a search of Ben's private, locked bedroom, as he does not have common authority over that specific space.

  How it illustrates the term: Alex's consent is valid for the common areas and his own room because he shares control over them. But he lacks the "common authority" required to permit a search of Ben's private space, demonstrating the limits of third-party consent.

• Example 2: Parent and Adult Child's Private Space
  Sarah, an adult, lives in her parents' house but has her own separate bedroom with a lock, which she maintains exclusively. Police arrive with questions about Sarah and ask her parents if they can search Sarah's bedroom. Even though it's their house, the parents generally cannot provide valid third-party consent for a search of Sarah's private, locked bedroom if Sarah has established an expectation of privacy and exclusive control over that space.

  How it illustrates the term: While the parents own the house, Sarah's established exclusive control over her private bedroom means her parents typically lack the "common authority" necessary to consent to a search of that specific area, highlighting that ownership alone isn't always sufficient.

• Example 3: Spouses and Shared Property
  Mark and Lisa are married and share a car registered in both their names. Police stop Mark while he's driving the car and ask to search it. Mark refuses. Later, police contact Lisa at home and ask for her permission to search the car. Because Lisa is a co-owner and has common access and use of the vehicle, her consent could be considered valid third-party consent for the search of the shared car, even if Mark previously refused.

  How it illustrates the term: Lisa's shared ownership and common authority over the vehicle allow her to provide valid third-party consent for its search, illustrating how a person with shared control can authorize actions affecting jointly held property.