Cardozo International & Comparative Law Review
Abstract
The note argues that the police, not citizens, should bear the responsibility of resolving ambiguities in consent to search cases under the Fourth Amendment. It advocates for a solution that aligns with Supreme Court precedent, particularly Rodriguez and Salinas-Cano, to ensure constitutional protections while maintaining efficient law enforcement. The proposed approach emphasizes the importance of police inquiry to clarify authority over jointly used property, balancing individual privacy rights with practical law enforcement needs.
Disciplines
Comparative and Foreign Law | Constitutional Law | Fourth Amendment | Housing Law | International Law | Law | Law Enforcement and Corrections
Recommended Citation
Christopher Grimaldi,
Resolving the Circuit Split Over Consent Based Searches in Shared Living Spaces,
1
Cardozo Int’l & Compar. L. Rev.
365
(2018).
Available at:
https://larc.cardozo.yu.edu/ciclr/vol1/iss2/6
Included in
Comparative and Foreign Law Commons, Constitutional Law Commons, Fourth Amendment Commons, Housing Law Commons, International Law Commons, Law Enforcement and Corrections Commons