Ep #371 Can the wife allow the police to come and arrest her sleeping husband for DUI?

Roadside Chat: Can the wife allow the police to come and arrest her sleeping husband for DUI?

In this video, Anthony Bandiero tells us about the legal rules when it comes to co-habitants regarding police entry and arrest.

Episode 245: https://www.youtube.com/watch?v=gd7Uv5CtA_s

Cases mentioned:
Casteel vs. State, 122 Nev. 356 (2006)

Casteel also assigns weight to the fact that his consent was not explicitly sought, even though he was present and available, and asserts that this renders the search unlawful or the officer's belief in having consent to search unreasonable. We disagree. A warrantless search is valid based on the consent of one occupant, despite the physical presence of the nonconsenting occupant. Insofar as Casteel relies upon case authority involving scenarios where a defendant was present and objected to the search, that authority is inapposite to the facts of this case. Here, Casteel never expressly or impliedly protested the search or denied the mother's authority to consent to the search.

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