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Arrests And Searches
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Can police enter a house when the wife gives consent but the husband refuses?

When police rely on consent to justify a search, the consent must be given by someone who has actual or apparent authority to allow police entry into the house. However, the consent can be revoked by any other person who has actual or apparent authority to allow (or forbid) police entry into the house and who is present in the house. Once H revokes consent, police cannot obtain consent from W. Neither spouse's ability to consent to a search is more powerful than the other's. The result is a stalemate.

Remembering that it is the resident's expectation of privacy, it would not make sense for one lawful resident to control another's right to privacy against his concurrent and express assertion of that right.

(Updated December 5, 2007)
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